Power to postpone distribution,
1935, c. 23, t. 44.
Probate rules and orders. Det. 1925, c. 49,
100.
Depositing and inspection of wills.
I 1935. . $9.
. 1702)
Copy of will.
Jaf 1934, x 49. A. 171.1
Saving
(Cap. 97)
(m. 191.)
(Cap. 232.)
26
(3) This section applies whether the testator or intestate dies before or after the commencement of this Ordinance.
71. Subject to the provisions of this Ordinance, a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death.
PART VIL
MISCELLANEOUS.
72. (1) The Chief Justice may make rules and orders (in this Ordinance referred to as probate rules and orders), for regulating the practice and procedure of the court and the Registry with respect to non-contentious or common form probate business and generally for the better carrying out of the provisions of this Ordinance.
(2) In all such business in respect of which no provision is made by probate rules and orders, the practice and procedure for the time being in force in the Probate Registry in England shall be deemed to be in force in the court and the Registry.
73. All original wills and other documents which are under the control of the court in the Registry shall be deposited and preserved in such places as the Chief Justice may direct, and any wills or other documents so deposited shall, subject to the control of the court and the provisions of probate rules and orders, be open to inspection.
74. An official copy of the whole or any part of a will, or an official certificate of the grant of an administration, may be obtained from the Registry on the payment of such fees as may be fixed for the same by probate rules and orders,
75. (1) Nothing in this Ordinance shall be taken to affect the application of the provisions of
(a) Part II of the New Territories Ordinance to land to which Part II of that Ordinance applies and which has
not been exempted by the Governor under subsection (2) or (3) of section 7 of that Ordinance from the provisions of Part II of that Ordinance:
(b) the Administration of Estates by Consular Officers
Ordinance; OT
(c) section 42 of the Police Force Ordinance.
27
(2) The said provisions shall continue to apply to the same extent and with the same effect as if this Ordinance had not been enacted
(3) In this section "land" has the meaning attaching to it under section 2 of the New Territories Ordinance.
76. (1) The Probate and Administration Ordinance is re- pealed.
(2) The Ordinances specified in the first column of the Second Schedule are amended to the extent and in the manner set out in the second column of that Schedule.
(3) Unless otherwise expressly provided, nothing in this sec tion shall be taken to affect the administration of the estate of any person who dies prior to the commencement of this Ordinance.
1.
FIRST SCHEDULE.
PART 1.
Rules as to payment of debts where estate is Insolvent.
[4. 63.]
Subject to the provisions of section 14, the funeral, lestamentary, and administration expenses bave priority.
2. Subject as aforesaid, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively, and us to the priorities of debts and liabilitjas, as may be in force for the time being under the law of bankruptcy with respect to the assets of persons adjudged bankrupt.
PART II.
Order of application of assets where the estate in solvent.
1. Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.
2. Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary fift, subject to the retention out of such property of a fund sufficient to meet any pecuniary legacies, so far as not provided for as aforesaid.
3. Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts.
Repeals and amendments. (CU. 10)
Second Schedule.
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