1950_PROBATE_AND_ADMINISTRATION_ORDINANCE — Page 12

HK Historical Laws 香港歷史法例 All AI Reviewed

Probate and Administration.

letters of administration made to him under this Ordinance, if it was done bona fide; but any person who feels aggrieved thereby may apply for redress to the court by summary petition verified upon oath, and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires.

[29

PART III.

[CAP. 10

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

29. (1). A caveat against the grant of any probate or administration may be lodged in the Registry of the court.

Practice as to caveat against grant.

c. 77, s. 53.

(2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.

Executorship.

[30

executor probate.

c. 77, s. 79.

30. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the renouncing right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.

[31

executor not taking probate.

21 & 22 Vict. c. 95, s. 16.

31. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.

[32

Administration.

of administrator of intestate's estate.

32. Where a person dies wholly intestate as to his personal estate or leaving a will affecting personal estate but without having appointed an executor thereof willing and able to act, the court may grant letters of administration.

20 & 21 Vict. c. 77, s. 73.

Page 307

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Probate and Administration. letters of administration made to him under this Ordinance, if it was done bona fide; but any person who feels aggrieved thereby may apply for redress to the court by summary petition verified upon oath, and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. [29 PART III. [CAP. 10 GRANTING AND REVOCATION OF PROBATES, ETC. Caveat. 29. (1). A caveat against the grant of any probate or administration may be lodged in the Registry of the court. Practice as to caveat against grant. c. 77, s. 53. (2) Subject to any rules or orders made under this Ordinance, the practice and procedure of the court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats. Executorship. [30 executor probate. c. 77, s. 79. 30. Where any person renounces probate of the will of which he is appointed executor or one of the executors, the renouncing right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall, without any further renunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor. [31 executor not taking probate. 21 & 22 Vict. c. 95, s. 16. 31. Whenever an executor appointed in a will survives the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor. [32 Administration. of administrator of intestate's estate. 32. Where a person dies wholly intestate as to his personal estate or leaving a will affecting personal estate but without having appointed an executor thereof willing and able to act, the court may grant letters of administration. 20 & 21 Vict. c. 77, s. 73. Page 307 Page 307 Page 307

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Probate and Administration. letters of administration made to him under this Ordinance, if it was done bona fide; but any person who feels aggrieved thereby may apply for redress to the court by summary petition verified upon oath, and the court may thereupon take such evidence as it thinks fit, and may make any order in relation to the matter which the justice of the case requires. [29 PART III. [CAP. 10 GRANTING AND REVOCATION OF PROBATES, ETC. Caveat. 29. (1). A caveat against the grant of any probate or Practice as administration may be lodged in the Registry of the court. to caveat against grant. c. 77, s. 53. (2) Subject to any rules or orders made under this 20 & 21 Vict. Ordinance, the practice and procedure of the court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats. Executorship. [30 executor probate. c. 77, s. 79. 30. Where any person renounces probate of the will of Effect of which he is appointed executor or one of the executors, the renouncing right of such person in respect of the executorship shall 20 & 21 Vict. wholly cease, and the representation of the testator and the administration of his estate shall, without any further re- nunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor. [31 executor not taking probate. 21 & 22 Vict. c. 95, s. 16. 31. Whenever an executor appointed in a will survives Effect of the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and be com- mitted in like manner as if such person had not been appointed executor. [32 Administration. of adminis- 32. Where a person dies wholly intestate as to his Appointment personal estate or leaving a will affecting personal estate but trator of without having appointed an executor thereof willing and estate. intestate's 20 & 21 Vict. c. 77, s. 73. 307

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Probate and Administration.

[29

PART III.

[CAP. 10

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

29. (1). A caveat against the grant of any probate or Practice as administration may be lodged in the Registry of the court.

to caveat against grant.

c. 77, s. 53.

(2) Subject to any rules or orders made under this 20 & 21 Vict. Ordinance, the practice and procedure of the court in respect of any such caveat shall, as nearly as may be, correspond with the practice and procedure hitherto in use in respect of such caveats.

Executorship.

[30

executor

probate.

c. 77, s. 79.

30. Where any person renounces probate of the will of Effect of which he is appointed executor or one of the executors, the renouncing right of such person in respect of the executorship shall 20 & 21 Vict. wholly cease, and the representation of the testator and the administration of his estate shall, without any further re- nunciation, go, devolve, and be committed in like manner as if such person had not been appointed executor.

[31

executor

not taking

probate.

21 & 22 Vict. c. 95, s. 16.

31. Whenever an executor appointed in a will survives Effect of the testator but dies without having taken probate, or, having been cited to take probate, does not appear to such citation, the right of such person in respect of the executorship shall wholly cease, and the representation of the testator and the administration of his estate shall go, devolve, and be com- mitted in like manner as if such person had not been appointed executor.

[32

Administration.

of adminis-

32. Where a person dies wholly intestate as to his Appointment personal estate or leaving a will affecting personal estate but trator of without having appointed an executor thereof willing and estate.

intestate's

20 & 21 Vict. c. 77, s. 73.

307

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