1971-HKRS30-16-30_Part04 — Page 42

Duty of

Registrar on receiving application

for grant.

Oath in support af grant.

Grant in additional

name.

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S. (1) The Registrar shall not allow any grant to issue until all inquiries which he may see fit to make have been answered to his satisfaction.

(2) The Registrar may require proof of the identity of the deceased or of the applicant for the grant beyond that contained in the oath.

(3) Except with the leave of the Registrar, no grant of probate or of administration with the will annexed shall issue within seven days of the death of the deceased and no grant of administration shall issue within fourteen days thereof.

(4) The Registrar shall not require guarantee under section 46 of the Ordinance as a condition of granting administration to any person, without giving that person or, where the application for the grant, is made through a solicitor, the solicitor an oppor- tunity of being heard with respect to the requirement.

6. (1) Every application for a grant shall be supported by an oath in the form applicable to the circumstances of the case, which shall be contained in an affidavit sworn by the applicant. and by such other papers as the Registrar may require.

(2) On an application for a grant of administration the oath shall state whether, and if so, in what manner, persons having a prior right to a grant in accordance with the provisions contained in rule 21 have been cleared off, and whether any minority or life interest arises under the will or intestacy.

(3) Where the deceased died domiciled outside Hong Kong, the oath shall state where the deceased died domiciled.

(4) If the oath states where the deceased died domiciled (whether in or outside Hong Kong) a statement as to the country in which he died domiciled may be included in the grant,

7. (1) Subject to paragraph (2), where it is necessary to describe the deceased in a grant by some name in addition to bis true name, the applicant shall state in the oath the true name of the deceased and shall depose that some part of the estate, specifying it, was held in the other name, or as to any other reason that there may be for the inclusion of the other name in the grant

(2) If the name of the deceased is in accordance with the International Code for Chinese names this name shall be accepted as being the correct name of the deceased.

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8. Every will in respect of which an application for a grant is made shall be marked by the signatures of the applicant and the person before whom the oath is sworn, and shall be exhibited to any affidavit which may be required under these rules as to the validity, terms, condition or date of execution of the will:

Provided that where the Registrar is satisfied that compliance with this rule might result in the loss of the will, he may allow a photographic copy thereof to be marked or exhibited in lieu of the original document:

Provided also that if a will is not in the English language a translation certified to the satisfaction of the Registrar shall also be filed with the original will.

Marking of wills.

9. (1) Where the Registrar considers that in any particular Engrosaments case a photographic copy of the original will would not be satis- factory for purposes of record, he may require an engrossment suitable for photographic reproduction to be lodged.

for purposes of record.

(2) Where a will contains alterations which are not admis- sible to proof, there shall be lodged an engrossment of the will in the farm in which it is to be proved.

(3) Any engrossment lodged under this rule shall reproduce the punctuation, spacing and division into paragraphs of the will and, if it is one to which paragraph (2) of this rule applies, it shall be made bookwise on durable paper following continuously from page to page on both sides of the paper.

(4) Where any pencil writing appears on a will, there shall be lodged a copy of the will or of the pages or sheets containing the pencil writing, in which there shall be underlined in red ink those portions which appear in pencil in the original.

10. (1) Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the Regis- trar that there is some doubt about the due execution of the will, he shall, before admitting it to proof, require an affidavit as to due execution from one or more of the altesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed:

Provided always that if a will is in Chinese characters and appears to be satisfactorily executed by the testator the Registrar may assume without further inquiry that the will has been properly executed.

(2) If no affidavit can be obtained in accordance with the last foregoing paragraph, the Registrar may, if he thinks fit having

Evidence as to

due execution of will