1971-HKRS29-8-38_Part02 — Page 29

1925, 2. 19, L 173,

193. 2. 33. ■. 55,

1925. 6. 49. A. 17901).

1925, c. 21, 4. 55.

1925, c. 29, * 5.

(Cap. 290

1925, 49.

• 1750)

Jurisdiction

of the court in probate and

administration.

2

"executor” means a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided;

"grant" means a grant of probate or of administration; “intestate" includes a person who leaves a will but dies intestats

as to some beneficial interest in his estates "non-contentious or common form probate business" means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probate and administration through the court in a contentious case where the contest bas been terminated, and all business of a non-contentious nature in matters of lestacy and intestacy not being proceedings in any action, and also the business of lodging caveals against the grant of probate or administration;

"personal representative" means the executor, original or by representation, or administrator for the time being of a deceased person;

"probate" means a grant under the seal of the court authorizing the executors therein named to administer the testalor's estate: "Registrar" means the Registrar of the court and any Deputy of

Assistant Registrar thereof;

"Registry" means the Probate Registry of the court: "representation" means the probate of a will and administration. and the expression "taking out representation" refers to the obtaining of the probate of a will or of the grant of administration;

"trust corporation” means—

(a) the Public Trustee in England;

(b) a corporation appointed by the court in any particular case to be a trustee (if authorized by its constitution to act as trustee); and

(c) any trust company registered under Part VIII of the

Trustee Ordinance;

“will” includes any testamentary instrument of which probate may

be granted.

PART 1.

JURISDICTION AND POWERS OF THE COURT.

3. (1) The court shall have jurisdiction in all matters relating to probate and administration of deceaseds' estates, with power to grant probates of wills and letters of administration to The estates of deceased persons and to alter or revoke such grants.

(2) The court shall have jurisdiction to make a grant of probate or administration in respect of a deceased person notwith- standing that the deceased person left no estate.

(3) The court shall have jurisdiction to reseal grants of probate and letters of administration made by a court of probate in any part of the Commonwealth or by a British court having jurisdiction outside the Commonwealth in pursuance of an Order in Council (whether made under any Act of the Parliament of the United Kingdom or otherwise) in accordance with the provisions of Part IV of this Ordinance.

4. All probates, letters of administration, orders and other instruments, and copies thereof and all exemplifications and copies thereof, shall be sealed with the seal of the court; and any such document purporting to be so sealed shall be received in evidence in any proceedings without further proof thereof.

5. (1) Subject to section 6, a grant of probate or administra- tion may be made, amended or resealed by the Registrar in the Dame and under the seal of the court.

(2) The Registrar may, in any case in which he has jurisdic- tion under this section, exercise all such powers as are ancillary thereto which the court or a judge may exercise in like circum-

stances.

(3) Nothing in this section shall-

(a) limit or prevent the exercise by a judge of any jurisdic

tion conferred upon the Registrar by this section; or (b) confer upon the Registrar jurisdiction to revoke a grant. (4) In this section and in section 6 “grant” means a grant, or the resealing of a grant, of probate or administration or any amendment thereof.

6. (1) No grant shall be made by the Registrar under section 5-

(a) in any case in which there is contention, until the

contention has been disposed of:

(6) if it appears to the Registrar that the grant ought not to

be made without the direction of a judge; or

(c) if the person applying for the grant or to whom the grant has been made is the Official Administrator acting under Part II.

1932, c. 15. .. 2

Sealing of documents. 1925, p. 49. *. (740)

Registrar may exercise jurisdic tion in certajn caves.

Restrictions upon exercise of jurisdic- Gon by Registrar.