1971 Ed.]

Probate and Administration.

[CAP. 10

9

44 of 1983-2

administration of estates not exceeding

15. (1) The Official Administrator may where the whole of Summary an estate does not, in his opinion, exceed twenty thousand dollars in value, without any legal formality, get in and administer the same in a summary manner, for the benefit of the persons he may deem interested therein, without a grant or other legal formality.

(2) Any balance of such estate which remains unclaimed shall be paid to the Treasury and, at the expiration of five years from the date of the getting in of the estate, be transferred to the general revenue of the Colony. (Added, 71 of 1971, s. 3.)

16. (1) On application made by the Official Administrator, the court shall, unless it sees good reason to the contrary, grant to him administration in any of the following cases-

(a) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and no next of kin of such person are resident in Hong Kong;

(b) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and the next of kin of such person who is resident in Hong Kong files in the Registry a request for or consent to the making of such grant, in writing signed by him;

(c) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and no person has, within twelve months after the death of such person, obtained administration of his estate; and

(d) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and the next of kin is resident in Hong Kong and is an infant.

(2) The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in Hong Kong or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act.

17. Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in any of Her Majesty's forces or of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act.

18. Any grant made to the Official Administrator under this Ordinance may be limited in such manner as the court may direct.

19. A commission at the rate of five per cent on the first one thousand dollars, two and one half per cent on the next four thousand dollars and one per cent on the balance, or such lower rate or rates as the court may approve on the application of the

$20,000.

Cases in which Official Administrator is entitled to administration.

Saving as to estates of certain persons.

Power of limiting grant.

Commission on moneys received.

Page 10

Page 11

Share This Page