Granks where
infant co- executor.
Grants in case
of mental or
physical incapacity.
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(3) Notwithstanding anything in this rule, administration for the use and benefit of the infant until he attains the age of twenty- one years may be granted to any person assigned as guardian by order of the Registrar in default of, or jointly with, or to the exclusion of, any such person as is mentioned in paragraph (1) of this rule; and such an order may be made on application by the intended guardian, who shall file an affidavit in support of the application and, if required by the Registrar, an affidavit of fitness sworn by a responsible person.
(4) Where by virtue of section 25 of the Ordinance, a grant is required to be made to not less than two administrators and there is only one person competent and willing to take a grant under the foregoing provisions of this rule, administration may, anless the Registrar otherwise directs, be granted to such person jointly with any other person nominated by him as a fit and proper person to take the grant.
(3) Where an infant who is sole executor has no interest in the residuary estate of the deceased, administration for the use and benefit of the infant until he attains the age of twenty-one years shall, unless the Registrar otherwise directs, be granted to the person entitled to the residuary estate.
(6) An infant's right to administration may be renounced only by a person assigned as guardian under paragraph (3) of this rule and authorized to renounce by the Registrar.
32. (1) Where one of two or more executors is an infant. probate may be granted to the other executor or executors not under disability, with power reserved of making the like grant to the infant on his attaining the age of twenty-one years, and administration for the use and benefit of the infant until he attains the age of twenty-one years may be granted under rule 31 if and only if the executors who are not under disability renounce, or, on being cited to accept or refuse a grant, fail to make an effective application therefor.
(2) An infant executor's right to probate on attaining the age of twenty-one years may not be renounced by any person on his behalf.
33. (1) Where the Registrar is satisfied that a person entitled to a grant is by reason of mental or physical incapacity incapable of managing his affairs administration for his use and benefit limited during his incapacity or in such other way may be granted--
(if the person incapable is entitled as executor, to the person entitled to the residuary estate of the deceased;
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(it) 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 in- capable 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 de- pose 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 adminis- tration 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 fil
(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 ap- pointing 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
Granta to trust corporations and ather corporate bodies.
(Cap. 29.)