1983 Ed.]
Non-Contentious Probate Rules
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(4) The Registrar shall not require a guarantee under section 46 of the Ordinance as a condition of granting administration to any person, without giving that person or, where the application for the grant is made through a solicitor, the solicitor an opportunity of being heard with respect to the requirement.
6. (1) Every application for a grant shall be supported by an oath in the form applicable to the circumstances of the case, which shall be contained in an affidavit sworn by the applicant, and by such other papers as the Registrar may require.
(2) On an application for a grant of administration the oath shall state whether, and if so, in what manner, persons having a prior right to a grant in accordance with the provisions contained in rule 21 have been cleared off, and whether any minority or life interest arises under the will or intestacy.
(3) Where the deceased died domiciled outside Hong Kong, the oath shall state where the deceased died domiciled.
(4) If the oath states where the deceased died domiciled (whether in or outside Hong Kong) a statement as to the country in which he died domiciled may be included in the grant.
7. (1) Subject to paragraph (2), where it is necessary to describe the deceased in a grant by some name in addition to his true name, the applicant shall state in the oath the true name of the deceased and shall depose that some part of the estate, specifying it, was held in the other name, or as to any other reason that there may be for the inclusion of the other name in the grant.
(2) If the name of the deceased is in accordance with the International Code for Chinese names this name shall be accepted as being the correct name of the deceased.
8. Every will in respect of which an application for a grant is made shall be marked by the signatures of the applicant and the person before whom the oath is sworn, and shall be exhibited to any affidavit which may be required under these rules as to the validity, terms, condition or date of execution of the will:
Provided that where the Registrar is satisfied that compliance with this rule might result in the loss of the will, he may allow a photographic copy thereof to be marked or exhibited in lieu of the original document:
Provided also that if a will is not in the English language a translation certified to the satisfaction of the Registrar shall also be filed with the original will.
9. (1) Where the Registrar considers that in any particular case a photographic copy of the original will would not be satisfactory for purposes of record, he may require an engrossment suitable for photographic reproduction to be lodged.
A S
[Subsidiary]
Oath in support of grant.
Grant in additional name.
Marking of wills.
Engrossments for purposes of record.
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