1971 Ed.]
Probate and Administration.
[CAP. 10
43. Every person to whom administration of the estate of a deceased person is granted shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased.
44. If, while any legal proceeding is pending in any court by or against an administrator to whom a temporary administration has been granted, that administration is revoked, that court may order that the proceeding be continued by or against the new personal representative in like manner as if the same had been originally commenced by or against him, but subject to such conditions and variations, if any, as that court directs.
45. A caveat against a grant of probate or administration may be entered in the Registry.
46. As a condition of granting administration to any person the court may, subject to the provisions of section 47 and subject to and in accordance with probate rules and orders, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.
Rights and liabilities of administrator.
1925 c. 23, s. 21.
Legal proceedings after revocation of temporary administration.
1925 c. 23, s. 17.
Caveats.
1925 c. 49, s. 154.
Power to require administrators to produce sureties.
17
1923 c. 49, s. 167(1).
guarantee.
1925 c. 49, s. 167(2).
47. (1) A guarantee given in pursuance of any requirement under section 46 shall enure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.
(2) No action shall be brought on any such guarantee without the leave of the court.
(3) No sureties shall be required where administration is granted to the Official Administrator or to the consular officer of a State to which section 3 of the Consular Conventions Ordinance applies or in such other cases as may be prescribed by probate rules and orders.
(Cap. 267).
PART IV.
SEALING OF GRANTS BY BRITISH COURTS OUTSIDE HONG KONG.
48. In this Part-
"British court in a foreign country" means any British court having jurisdiction out of the Commonwealth in pursuance of an Order in Council;