1971-HKRS30-16-30_Part04 — Page 47

Renunciation

of probate and administra- tion.

Notice to Crown of intended application for grant.

Guarantee.

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authenticated to the Registrar's satisfaction, shall be lodged with the application for a grant, and the oath shall state that the cor- poration is not a trust corporation.

35. (1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have to a grant of administration in some other capacity unless be expressly renounces such right.

(2) Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant thereof in some other capacity.

37. In any case in which it appears that the Crown is or may be beneficially interested in the estate of a deceased person, notice of intended application for a grant shall be given by the applicant to the Official Administrator, and the Registrar may direct that no grant shall issue within a specified time after the notice has been given.

38. (1) The Registrar shall not require a guarantee under section 46 of the Ordinance as a condition of granting adminis- tration except where it is proposed to grant it--

(a) by virtue of rule 19(v) or rule 21(4) to a creditor or the personal representative of a creditor or to a person who has no immediate beneficial interest in the estate of the deceased but may have such an interest in the event of an accretion to the estate;

(B) under rule 27 to a person or some of the persons who would, if the person beneficially entitled to the whole of the estate died intestate, be entitled to his estate;

(c) under rule 30 to the attomey of a person entitled to a

grant:

(d) under rule 31 for the use and benefit of a minor;

(e) under rule 33 for the use and benefit of a person who is by reason of mental or physical incapacity incapable of managing his affairs;

() to an applicant who appears to the Registrar to be

resident elsewhere than in Hong Kong:

or except where the Registrar considers that there are special circumstances making it desirable to require a guarantee.

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(2) Notwithstanding that it is proposed to grant administra- tion as aforesaid, a guarantee shall not be required, except in special circumstances, on an application for administration where the applicant or one of the applicants is—

(a) a trust corporation;

(b) a solicitor holding a current practising certificate under

the Legal Practitioners Ordinance.

(3) Every guarantee entered into by a surety for the pur- poses of section 46 of the Ordinance shall be in Form 15.

(4) Except where the surety is a corporation, the signature of the surety on every such guarantee shall be attested by an authorized officer, commissioner for oaths or other person au- thorized by law to administer an oath.

(5) Unless the Registrar otherwise directs-

(e) if it is decided to require a guarantee, it shall be given by two sureties, except where the gross value of the estate does not exceed $7,000 or a corporation is a proposed surety, and in those cases one will suffice;

(6) no person shall be accepted as a surety unless he is

resident in Hong Kong:

(c) no officer of the Registry shall become a surety; (d) the limit of the liability of the surety or sureties under a guarantee given for the purposes of section 46 of the Ordinance shall be the gross amount of the estate as sworn on the application for the grant:

(e) every surety, other than a corporation shall justify. (6) Where the proposed surely is a corporation there shall be filed an affidavit by the proper officer of the corporation to the effect that it has power to act as surety and has executed the guarantee in the manner prescribed by its constitution, and con- taining sufficient information as to the financial position of the corporation to satisfy the Registrar that its assets are sufficient to satisfy all claims which may be made against it under any guarantee which it has given or is likely to give for the purposes of section 46 of the Ordinance:

Provided that the Registrar may, instead of requiring an affidavit in every case, accept an affidavit made oot less often than once in every year together with an undertaking by the corporation to notify the Registrar forthwith in the event of any alteration in its constitution affecting its power to become surety under that subsection.

(Can. 19.)

Form 15