1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
(2) If no person in any of the classes mentioned in sub-paragraphs (ii) and (iii) of the last foregoing paragraph has survived the deceased, then, the following persons hereinafter described shall, if they have a beneficial interest in the estate, be entitled to a grant in the following order of priority, namely
(i) grandparents;
(ii) uncles and aunts of the deceased, or the issue of any deceased uncle or aunt of the deceased who has died during the lifetime of the deceased.
All of the persons referred to in classes (i) and (ii) of this paragraph shall be entitled to a grant notwithstanding that the relationship referred to shall have been established by or resulted from a union of concubinage.
(3) In default of any person having a beneficial interest in the estate, the Official Administrator.
(4) If all persons entitled to a grant under the foregoing provisions of this rule have been cleared off, a grant may be made to a creditor of the deceased or to any person who, notwithstanding that he has no immediate beneficial interest in the estate, may have a beneficial interest in the event of an accretion thereto.
(5) Subject to rule 25(3), the personal representative of a person in any of the classes mentioned in paragraphs (1) and (2) of this rule or the personal representative of a creditor shall have the same right to a grant as the person whom he represents:
Provided that the persons mentioned in paragraph (1) and in paragraph (2) of this rule shall be preferred to the personal representative of a spouse who had died without taking a beneficial interest in the whole estate of the deceased as ascertained at the time of the application for the grant.
(6) The provisions of the Adoption Ordinance shall apply in determining the entitlement to a grant as they apply to the devolution of property on intestacy.
22. (1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace, in the order of priority for a grant of administration, the assignor or, if there are 2 or more assignors, the assignor with the highest priority.
(2) Where there are 2 or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding 4) of them.
(3) In any case where administration is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Registry.
A 9
[Subsidiary]
(Cap. 290.)
Right of assignee to a grant.