1971-HKRS30-16-30_Part04 — Page 45

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13

Grants where two or more persons antitled in same degree.

Exceptions to

rules as to priority,

Grants to persons having sper successionis.

Grants where deceased

died outside Rong Kong

consent of the person proposed to be added as personal repre- sentative and by such other evidence as the Registrar may require.

25. (1) A grant may be made to any person entitled thereto without notice to any other persons entitled in the same degree.

(2) A dispute between persoas entitled to a grant in the same degree shall be brought by summons before the Registrar.

(3) Unless the Registrar otherwise directs, administration shall be granted to a living person in preference to the personal representative of a deceased person who would, if living, be en- titled in the same degree and to a person not under disability in preference to an infant entitled in the same degree.

(4) Upon the issue of a summons under paragraph (2) of this rule the person issuing such summons shall enter a Caveat.

(5) If a summons is issued under paragraph (2) of this rule the Registrar shall not allow any grant to be sealed until such summons is finally disposed of.

26. (1) Nothing in rules 19. 21, 23 or 25 shall operate to prevent a grant being made to any person to whom a grant may or may require to be made under any enactment.

(2) The rules mentioned in the last foregoing paragraph shall not apply where the deceased died domiciled outside Hong Kong, except in a case to which the proviso to rule 29 applies.

27. When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has renounced his right to a grant and has consented to administration being granted to a person or persons who would be entitled to bis estate if he himself had died intestate, administration may be granted to such person or one or more (not exceeding four) of such persons:

Provided that a surviving spouse shall not be regarded as a person in whom the estate has vested absolutely unless he would be entitled to the whole of the estate, whatever its value may be.

29. Where the deceased died domiciled outside Hong Kong. the Registrar may order that a grant do issue-

(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled:

(b) to the person entitled to administer the estate by the law

of the place where the deceased died domiciled:

(c) if there is no such person as is mentioned in paragraphs (a) and (b) of this rule or if in the opinion of the Registrar the circumstances so require to such person as the Registrar may direct;

(d) if, by virtue of section 25 of the Ordinance, a grant is required to be made to, or if the Registrar in his dis- cretion considers that a grant should be made to, not less than two administrators. to such person as the Registrar may direct jointly with any such person as is mentioned in paragraph (2) or (b) of this rule or with any other person:

Provided that without any such application as aforesaid where the whole of the estate in Hong Kong consists of im- movable property, a grant limited thereto may be made in accordance with the law which would have been applicable if the deceased had died domiciled in Hong Kong.

30. (1) Where a person entitled to a grant resides outside Hong Kong, administration may be granted to bis lawfully con- stituted attorney for his use and benefit, limited until such person shall obtain a grant or in such other way as the Registrar may direct:

Provided that where the person so entitled is an executor, administration shall not be granted to his attorney without notice to the other executors, if any, unless such notice is dispensed with by the Registrar.

31. (1) Where a person to whom a grant would otherwise be made is an infant, administration for his use and benefit until he attains the age of twenty-one years shall, subject to paragraphs (3) and (5) of this rule, be granted—

(a) to the parents of the infant jointly or to any guardian

appointed by the court; or

(b) if there is no such guardian able and willing to act and the infant has attained the age of sixteen years, to any next of kin nominated by the infant or, where the infant is a married woman, to any such next of kin or to her husband if nominated by her.

(2) Any person nominated under sub-paragraph (b) of the last foregoing paragraph may represent any other infant whose next of kin be is, being an infant below the age of sixteen years entitled in the same degree as the infant who made the nomination.

Grants to attorneys.

Grants Du behalf of infants.