1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
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 discretion 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 (a) or (b) of this rule or with any other person:
Provided that without any such order-
(a) probate of any will which is admissible to proof may be granted-
(i) if the will is in the English or Chinese language, to the executor named therein;
(ii) if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person;
(b) where the whole of the estate in Hong Kong consists of immovable 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. Where a person entitled to a grant resides outside Hong Kong, administration may be granted to his lawfully constituted 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 21 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
A 11
[Subsidiary]
Grants where deceased died outside Hong Kong.
L.N. 31/76.
Grants to attorneys.
Grants on behalf of infants.
1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
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 discretion 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 (a) or (b) of this rule or with any other person:
Provided that without any such order-
(a) probate of any will which is admissible to proof may be
granted-
(i) if the will is in the English or Chinese language, to the executor named therein;
(ii) if the will describes the duties of a named person in terms sufficient to constitute him executor according to the. tenor of the will, to that person;
(b) where the whole of the estate in Hong Kong consists of immovable property, a grant limited thereto may be made in accordance with the law which would have been applic- able if the deceased had died domiciled in Hong Kong.
30. Where a person entitled to a grant resides outside Hong Kong, administration may be granted to his lawfully constituted 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 21 years shall, subject to paragraphs (3) and (5) of this rule, be granted— that je
(a) to the parents of the infant jointly or to any guardian
appointed by the court; or
A 11
[Subsidiary]
Grants where deceased died outside Hong Kong.
L.N. 31/76.
Grants to attorneys.
Grants on behalf
of infants.
person benches the age
c+ ziyears
LN231/9=
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