A 14
[Subsidiary]
Renunciation of probate and administration. Notice to Crown of intended application for grant. Guarantee.
(Cap. 159.) Form 15.
CAP. 10] Non-Contentious Probate Rules [1983 Ed.
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 he 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 administration 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 attorney 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;
(f) 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.
(2) Notwithstanding that it is proposed to grant administration 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 purposes of section 46 of the Ordinance shall be in Form 15.
A 14
[Subsidiary]
Renunciation of
probate and
administration.
Notice to Crown of intended application for grant.
Guarantee.
(Cap. 159.)
Form 15.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
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 he 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 administra- tion 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 attorney 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;
(f) 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.
(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 purposes of section 46 of the Ordinance shall be in Form 15.
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