1971-HKRS30-16-30_Part04 — Page 43

Execution of will of blind

or illiterate

testator.

Evidence as

to terms, condition and date of

execution of will.

(Cap. 30.)

Attempted

revocation of will.

regard to the desirability of protecting the interests of any person who may be prejudiced by the will, accept evidence on affidavit from any person he may think fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the will.

(3) If the Registrar, after considering the evidence- (a) is satisfied that the will was not duly executed, he shall refuse probate and shall mark the will accordingly;

(b) is doubtful whether the will was duly executed, be may require the matter to be referred to the court on motion.

11. Before admitting to proof a will in the English language which appears to have been signed by a blind or illiterate testator or a testator not having a literate knowledge of the English language or by another person by direction of the testator, or which for any other reason gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the Registrar shall satisfy himself that the testator had such knowledge.

12. (1) Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by the Wills Ordinance or by the re- execution of the will or by the execution of a codicil, the Registrar shall require evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved:

Provided that this paragraph shall not apply to any alteration which appears to the Registrar to be of no practical importance.

(2) It from any mark on a will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Registrar may require the document to be produced and may call for such evidence in regard to the attaching or incorporation of the docu- ment as he may think fit.

(3) Where there is doubt as to the date on which a will was executed, the Registrar may require such evidence as be thinks necessary to establish the date.

13. Any appearance of attempted revocation of a will by burning, tearing, or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the Registrar's satisfaction.

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14. The Registrar may require an affidavit from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 11, 12 and 13, and in any such affidavit sworn by an attesting witness or other person present at the time of the execution of a will the deponent shall depose to the manner in which the will was executed.

16. If it appears to the Registrar that there is prima facie evidence that a will is one to which section 6 of the Wills Ordin- ance, as amended by any subsequent enactment, applies, the will may be admitted to proof if the Registrar is satisfied that it was signed by the testator or, if unsigned, that it is in the testator's handwriting.

18. Where evidence of the law of a country outside England or Hong Kong is required on any application for a grant the affidavit of any person who is an expert of the law of that country or place may be accepted by the Registrar.

19. The person or persons entitled to a grant of probate or administration with the will annexed shall be determined in accordance with the following order of priority, namely-

(i) the executor;

(ii) any residuary legatee or devisee holding in trust for any

other person;

(iii) any residuary legates or devisee for life:

(iv) the ultimate residuary legatee or devisee or, where the residue is not wholly disposed of by the will, any person entitled to share in the residus not so disposed of (includ- ing the Official Administrator) or, subject to rule 25(3), the personal representative of any such person:

Provided that where the residue is not in terms wholly disposed of, the Registrar may, if he is satisfied that the testator has nevertheless disposed of the whole or substantially the whole of the estate as ascertained at the time of the application for the grant, allow a grant to be made (subject however to rule 37) to any legatce or devisee entitled to, or to a share in, the estate so disposed of, without regard to the persons entitled to share in any residue not disposed of by the will;

(v) any specific legatec or devises or any creditor or, subject to rule 25(3), the personal representative of any such person or, where the estate is not wholly disposed of by the will, any person who, notwithstanding that the

Audavit as to dus execution. termaa, etc.

of will.

Wills of persons on military service" and seamon. (Cap. 30)

Evidenc of foreign law.

Order of priority for grant where deceased left a will.