950

(2) Where any sum repayable in respect of a certificate is paid, or a certificate is transferred, in purported pursuance of this Regula- tion, the payment or transfer shall, notwithstanding the invalidity of, or any defeat in, the probate of letters of administration, be deemed for the purposes of these Regulations to have been duly made.

Payment without probate

in case of death of holder of certificate.

15.-(1) Where, on the death of any person, being the sole holder of certificates the amount repayable in respect of which does not, at the time of his death exceed in the aggregate five hundred dollars, probate of the will of the deceased or letters of administration to his estate is not or are not produced to the Accountant-General within two months of the date of such death, the Accountant- General, if he thinks fit, may, without requiring probate or letters of administration pay the amount repayable in respect of these certificates, or any part of that amount-

(a) to a person appearing to the Accountant-General to be entitled to take out probate of the will of deceased or letters of administration to his estate;

(b) in accordance with the provisions of section 62 of the Probate Ordinance, 1897;

(e) to any person who satisfies the Accountant-General that he is entitled to receive the amount repayable or any part thereof in right of his being-

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(1) a person who has paid the funeral expenses of the deceased;

(ii) a creditor of the deceased; or

(iii) a person who has a beneficial interest in the estate of the deceased;

(d) to any officer or authority who, in the opinion of the Accountant-General, may properly be entrusted with the duty of distributing the amount repayable;

(e) if the deceased was a foreign subject, to the consular authority of the country to which the deceased belonged, or to such other authority so appears to the Accountant-General to be appropriate, subject in either case to the Accountant-General being satisfied that the amount repayable will be duly distributed :

Provided that where a person to whom any sun may be paid under sub-paragraph (b) or sub-paragraph (c) of this paragraph dies before payment has been made to him, that sum or any part thereof may be paid to any person to whom it might have been paid if the first-mentioned person had, immediately before his death. been the sole holder of the certificate in question.

(2) Notwithstanding any rule of law to the contrary, any person to whom a payment may be made under sub-paragraph (b) or sub- paragraph (c) of paragraph (1) of this regulation or under the proviso to that paragraph may sign a receipt therefor if he has attained the age of eighteen years, and the receipt shall be a valid receipt without the signature of any other person, and where any person to whom a payment may be so made is unable, by reason of his age or for any other reason whatsoever, to give a discharge therefor under these regulations, the Accountant-General may make the pay- ment to any person who satisfies him that he will apply it for the maintenance or otherwise for the benefit of the first-mentioned person.

(3) Subject to the provisions of the last foregoing paragraph, the Accountant-General, in making any payment under sub-paragraph (b) or sub-paragraph (c) of paragraph (1) of this regulation or under the proviso to that paragraph, shall, unless he is of opinion that hardship or inconvenience would be thereby caused, have regard to the rules of law relating to the distribution of the estates of deceased persons, but if he is of that opinion, may depart from these rules in such manner and to such extent as he considers just.

(4) In this regulation the expression "will" includes a codicil.

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