1937_PROBATES_ORDINANCE__1897 — Page 22

HK Historical Laws 香港歷史法例 All AI Reviewed

516

No. 2 of 1897.

PROBATES.

Sealing of probates and letters of administration granted by British courts outside the Colony.

Conditions to be fulfilled before sealing.

Court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise;

19

"Court of probate means any court or authority, by whatever name designated, having jurisdiction in matters of probate;

"His Majesty's dominions" includes any British protectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty;

"

If Probate

46 and Letters of administration include confirmation in Scotland, and any instrument having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administration respectively;

"Estate duty

"

includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.

67. Where a court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in the Colony as if granted by that court.

1

68. The court shall, before sealing a probate or letters of administration under this Part, be satisfied—

(a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate,

* As amended by No. 46 of 1935 [6.12.35].

As amended by Law Rev. Ord., 1937.

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516 No. 2 of 1897. PROBATES. Sealing of probates and letters of administration granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise; 19 "Court of probate means any court or authority, by whatever name designated, having jurisdiction in matters of probate; "His Majesty's dominions" includes any British protectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty; " If Probate 46 and Letters of administration include confirmation in Scotland, and any instrument having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administration respectively; "Estate duty " includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted. 67. Where a court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with the Supreme Court, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in the Colony as if granted by that court. 1 68. The court shall, before sealing a probate or letters of administration under this Part, be satisfied— (a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and (b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate, * As amended by No. 46 of 1935 [6.12.35]. As amended by Law Rev. Ord., 1937.
Baseline (Original)
516 No. 2 of 1897. PROBATES. Sealing of probates and letters of adminis- tration granted by British courts outside the Colony. Conditions to be fulfilled before sealing. court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise; 19 "Court of probate means any court or authority, by whatever name designated, having jurisdiction in matters of probate ; "His Majesty's dominions" includes any British pro- tectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty ; " if Probate 46 and Letters of administration include con- firmation in Scotland, and any instrument.having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administration respectively; "Estate duty "" includes any duty payable on the value of the estate and effects for which probate or letters of adminis- tration is or are granted. 67. Where a court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with the Supreme Court, be sealed with the seal of that court, and there- upon shall be of the like force and effect, and have the same operation in the Colony as if granted by that court. 1 68. The court shall, before sealing a probate or letters of administration under this Part, be satisfied— (a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and (b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate, * As amended by No. 46 of 1935 [6.12.35]. As amended by Law Rev. Ord., 1937.
2026-05-03 15:48:42 · Baseline
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516

No. 2 of 1897.

PROBATES.

Sealing of probates and letters of adminis- tration

granted by British courts outside the Colony.

Conditions to be fulfilled before

sealing.

court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise;

19

"Court of probate means any court or authority, by whatever name designated, having jurisdiction in matters of probate ;

"His Majesty's dominions" includes any British pro- tectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty ;

"

if Probate

46 and Letters of administration include con- firmation in Scotland, and any instrument.having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administration respectively;

"Estate duty

""

includes any duty payable on the value of the estate and effects for which probate or letters of adminis- tration is or are granted.

67. Where a court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with the Supreme Court, be sealed with the seal of that court, and there- upon shall be of the like force and effect, and have the same operation in the Colony as if granted by that court.

1

68. The court shall, before sealing a probate or letters of administration under this Part, be satisfied—

(a) that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in the Colony; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate,

* As amended by No. 46 of 1935 [6.12.35].

As amended by Law Rev. Ord., 1937.

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