1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
A 13
[Subsidiary]
(i) if the person incapable is entitled as executor, to the person entitled to the residuary estate of the deceased;
(ii) if the person incapable is entitled otherwise than as an executor, to the person who would be entitled to a grant in respect of his estate if he had died intestate.
(2) No grant of administration shall be made under this rule unless all persons entitled in the same degree as the person incapable have been cleared off.
(3) In the case of physical incapacity, notice of intended application under this rule shall be given to the person alleged to be incapable.
34. (1) Where a trust corporation applies for a grant through one of its officers, such officer shall lodge a certified copy of the resolution authorizing him to make the application and shall depose in the oath that the corporation has been certified as being a trust corporation as provided by section 78 of the Trustee Ordinance and that it has power to accept a grant:
Provided that it shall not be necessary to lodge a certified copy of the resolution where the trust corporation is represented by a person holding an official position if the person through whom the application is made is included in a list filed with the Registrar of persons authorized to make such applications.
(2) Where a trust corporation applies for a grant of administration otherwise than as attorney for some person, there shall be lodged with the application the consents of all persons entitled to a grant and of all persons interested in the residuary estate of the deceased, unless the Registrar directs that such consents be dispensed with on such terms, if any, as he may think fit.
(3) Where a corporation (not being a trust corporation) would, if an individual, be entitled to a grant, administration for its use and benefit, limited until further representation is granted, may be granted to its nominees or, if the corporation has its principal place of business outside Hong Kong, its nominees or lawfully constituted attorney, and a copy of the resolution appointing the nominee or, as the case may be, the power of attorney sealed by the corporation or otherwise authenticated to the Registrar's satisfaction, shall be lodged with the application for a grant, and the oath shall state that the corporation is not a trust corporation.
(4) Where a corporation (not being a trust corporation) applies for a grant, the Registrar may, in his discretion, grant administration to its nominee, for its use and benefit, limited until further representation is granted, and a copy of the resolution appointing the nominee sealed by the corporation or otherwise authenticated to the Registrar's satisfaction, shall be lodged with the application for a grant, and the oath shall state that the corporation is not a trust corporation.
Grants to trust corporations and other corporate bodies.
(Cap. 29.)