PROBATE (LOSS OF GRANT) RULES

PROBATE (LOSS OF GRANT) RULES

PROBATE (LOSS OF GRANT) RULES.

(Cap. 10, section 72(1)).*

[7th November, 1947.1

1. These rules may be cited as the Probate (Loss of Grant) Rules.

2. Where the Chief Justice is satisfied, upon such evidence being
adduced before him as he may require,

(a)that a grant of probate or letters of administration was made
prior to the 8th December, 1941, in respect of the estate of a
deceased person,

(b) that such grant was subsequently lost or destroyed and
that such loss or destruction was due to enemy occupa-
tion,
(c) that no certified copy of the grant is forthcoming, and

(d)that materials exist sufficient to allow of the re-construction of
the grant,

the Chief Justice may order the Registrar of the court to issue under the
seal of the court, a document to be called a substituted grant which for
all intents and purposes shall be treated as the

original grant, and may order that all court and other fees be waived in
connexion therewith.



These rules were made under section 70 of the repealed Probate and
Administration Ordinance (Cap. 10, 1964 Ed.) and, by virtue of section 36(1)
of the Interpretation and General Clauses Ordinance, continue to have the like
effect as if they had been made under section 72(1) of the new Probate and
Administration Ordinance (enacted in 1971 and Cap. 10 in this edition).
G.N. 841/47.

G.N. 841/47.

https://oelawhk.lib.hku.hk/items/show/2227

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