A 10
[Subsidiary]
Joinder of administrator.
Additional personal representatives.
Grants where two or more persons entitled in same degree.
Exceptions to rules as to priority.
Grants to persons having spes successionis.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
23. (1) An application to join with a person entitled to a grant of administration a person entitled in a lower degree shall, in default of renunciation by all persons entitled in priority to such last-mentioned person, be made to the Registrar and shall be supported by an affidavit by the person entitled by the consent of the person proposed to be joined as personal representative and by such other evidence as the Registrar may require.
24. (1) An application under section 25(2) of the Ordinance to add a personal representative shall be made to the Registrar and shall be supported by an affidavit by the applicant by the consent of the person proposed to be added as personal representative 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 persons 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 entitled 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 rule 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 his estate if he himself had died intestate, administration may be granted to such person or one or more (not exceeding 4) 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.
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Page 11
A 10
[Subsidiary]
Joinder of administrator.
Additional personal representatives.
Grants where two or more persons entitled in same degree.
Exceptions to
rules as to priority.
Grants to persons having spes successionis.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
23. (1) An application to join with a person entitled to a grant of administration a person entitled in a lower degree shall, in default of renunciation by all persons entitled in priority to such last-mentioned person, be made to the Registrar and shall be supported by an affidavit by the person entitled by the consent of the person proposed to be joined as personal representative and by such other evidence as the Registrar may require.
24. (1) An application under section 25(2) of the Ordinance to add a personal representative shall be made to the Registrar and shall be supported by an affidavit by the applicant by the consent of the person proposed to be added as personal representative 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 persons 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 entitled 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 rule 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 his estate if he himself had died intestate, administration may be granted to such person or one or more (not exceeding 4) 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.
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