PROBATE (LOSS OF PETITION) RULES

PROBATE (LOSS OF PETITION) RULES

PROBATE (LOSS OF PETITION) RULES.

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

[13th December, 1946.]

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

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

(a)that a petition for probate including the original will of the
deceased was presented to the court at a date prior to the 8th
December, 1941,

(b)that the said petition and accompanying documents were
subsequently lost or destroyed and that such loss or
destruction was due to enemy occupation, and

(e)that the said petition and accompanying documents (had they
been still extant) would have led to a grant of probate,

the Chief Justice may make such grant or other order as in the
circumstances he may deem fit, without any motion being made to the
court or other court proceedings instituted, 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These rules were made under section 70 of the repealed Probate and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. 674/46.

G.N. 674/46.

https://oelawhk.lib.hku.hk/items/show/2228

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