1971 Ed.]
Probate and Administration.
[CAP. 10
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(a) has the same rights in respect of the estate of that testator as the original executor would have had if living; and
(b) is, to the extent to which the estate of that testator has come to his hands, answerable as if he were an original executor.
35. (1) Where-
(a) no executor is appointed by a will;
(b) all the executors are legally incapable of acting as such, or have renounced;
(c) no executor survives the testator;
(d) all the executors die before obtaining probate or before having administered all the estate of the deceased;
(e) the executors have failed to appear to a citation to prove or renounce probate; or
(f) the executors do not apply for probate,
letters of administration with the will annexed may be granted to such person or persons as the court thinks fit.
(2) Where letters of administration with the will annexed are granted, the will of the deceased shall be performed and exercised in like manner as if probate thereof had been granted to an executor.
36. Where a person dies wholly intestate as to his estate or leaving a will affecting estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of Hong Kong, or where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such estate, the court may, subject to section 25, appoint such person as the court thinks fit to be such administrator, on his giving such security, if any, as may be required under this Part or as the court may direct, and every such administration may be limited in such manner as the court thinks fit.
37. (1) If at the expiration of twelve months from the death of a person any personal representative of the deceased to whom a grant has been made is residing out of Hong Kong the court may, on the application of any creditor or person interested in the estate of the deceased, grant to him special administration of the estate of such deceased person.
On failure of executors.
1925 c. 49, s. 166.
Appointment of administrator of intestate's estate.
1857 c. 77, s. 73.
Grant of special administration.
(cf. 1925 c. 49, s. 164.)