1983 Ed.]

Non-Contentious Probate Rules

[CAP. 10

A 21

58. (1) Where copies are required of original wills or other documents deposited under section 74 of the Ordinance, such copies may be photographic copies sealed with the seal of the court.

(2) Copies not being photographic copies, of original wills or other documents deposited under the said section shall be examined against the documents of which they purport to be copies only if so required by the person demanding the copy, and in such case the copy shall be certified under the hand of the Registrar and may in addition be sealed with the seal of the court.

59. (1) Every bill of costs (other than a bill delivered by a solicitor to his client which falls to be taxed under the Legal Practitioners Ordinance) shall be referred to the Registrar for taxation and shall be taxed in accordance with the provisions contained in Order 62 of the Rules of the Supreme Court.

(2) The fees payable on taxation shall be paid by the party on whose application the bill is taxed and shall be allowed as part of the bill.

[Subsidiary]

Issue of copies of original wills and other documents.

Taxation of costs. (Cap. 159.)

(Cap. 4. sub. leg.)

Power to require application to be made by summons or motion.

60. The Registrar may require any application made to him to be brought before him by summons, and may require any application made to him, whether by summons or otherwise, to be brought before a judge by summons or before the court on motion.

60A. An executor or administrator may apply to the Registrar by ex parte summons for an order limiting the time for creditors or other persons to make claims against the estate of the testator or intestate and the Registrar shall make such order as he thinks fit specifying what notices are to be given of the making of such order and the time thereby limited and make such order thereon as he thinks proper.

Time limit for claims.

62. (1) Any person aggrieved by a decision of the Registrar may appeal by summons to a judge.

Appeals from Registrar.

(2) If any person besides the appellant appeared or was represented before the Registrar from whose decision or requirement the appeal is brought, the summons shall be issued within 7 days thereof for hearing on the first available day and shall be served on every such person as aforesaid.

63. (1) A judge or the Registrar may direct that a notice of motion or summons for the service of which no other provision is made by these rules shall be served on such person or persons as the judge or the Registrar may direct.

(2) Where by these rules or by any direction given under the last foregoing paragraph a notice of motion or summons is required to be served on any person, it shall be served-

(a) in the case of a notice of motion, not less than 5 clear days before the day named in the notice for hearing of the motion;

Service of notice of motion and summons.

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