A 16
[Subsidiary] Application for leave to sue on guarantee.
Application for grant to be supported by documents required under the Estate Duty Ordinance. (Cap. 111)
Caveats.
Form 17.
Form 18.
CAP. 10]
Non-Contentious Probate Rules [1983 Ed.
41A. An application for leave under section 47(2) of the Ordinance to sue a surety on a guarantee given for the purposes of section 46 of the Ordinance shall, unless the Registrar otherwise directs under rule 60, be made by summons to the Registrar, and notice of the application shall in any event be served on the administrator, the surety and any co-surety.
43. Every application for a grant shall be supported by such documents as may be required under the Estate Duty Ordinance.
44. (1) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry.
(2) Any person who wishes to enter a caveat (in this rule called "the caveator") may do so by completing Form 17 in the appropriate book at the Registry and obtaining an acknowledgment of entry from the proper officer, or by sending through the post at his own risk a notice in Form 17 addressed to the Registrar.
(3) Where the caveat is entered by a solicitor on the caveator's behalf, the name of the caveator shall be stated in Form 17.
(4) Except as otherwise provided by this rule, a caveat shall remain in force for 6 months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.
(5) The Registrar shall maintain an index of caveats entered in the Registry and on receiving an application for a grant, he shall cause the index to be searched.
(6) The Registrar shall again cause the index to be searched before he shall allow any grant to be sealed and shall not allow any grant to be sealed if there is an effective caveat in respect thereof;
Provided that no caveat shall operate to prevent the sealing of a grant on the day on which the caveat is entered.
(7) A caveat may be warned by the issue from the Registry of a warning in Form 18 at the instance of any person interested (in this rule called "the person warning") which shall state his interest and, if he claims under a will, the date of the will, and shall require the caveator to give particulars of any contrary interest which he may have in the estate of the deceased; and every warning shall be served on the caveator.
(8) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the Registry and the caveat shall thereupon cease to have effect and, if it has been warned, the caveator shall forthwith give notice of withdrawal of the caveat to the person warning.
A 16
[Subsidiary] Application for
leave to sue on guarantee.
Application for grant to be supported by documents
required under
the Estate Duty Ordinance.
(Cap. HIL)
Caveats.
Form 17.
Form 18.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
41A. An application for leave under section 47(2) of the Ordinance to sue a surety on a guarantee given for the purposes of section 46 of the Ordinance shall, unless the Registrar otherwise directs under rule 60, be made by summons to the Registrar, and notice of the application shall in any event be served on the administrator, the surety and any co-surety.
43. Every application for a grant shall be supported by such documents as may be required under the Estate Duty Ordinance.
44. (1) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry.
(2) Any person who wishes to enter a caveat (in this rule called "the caveator") may do so by completing Form 17 in the appropriate book at the Registry and obtaining an acknowledgment of entry from the proper officer, or by sending through the post at his own risk a notice in Form 17 addressed to the Registrar.
(3) Where the caveat is entered by a solicitor on the caveator's behalf, the name of the caveator shall be stated in Form 17.
(4) Except as otherwise provided by this rule, a caveat shall remain in force for 6 months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats.
(5) The Registrar shall maintain an index of caveats entered in the Registry and on receiving an application for a grant, he shall cause the index to be searched.
(6) The Registrar shall again cause the index to be searched before he shall allow any grant to be sealed and shall not allow any grant to be sealed if there is an effective caveat in respect thereof;
Provided that no caveat shall operate to prevent the sealing of a grant on the day on which the caveat is entered.
(7) A caveat may be warned by the issue from the Registry of a warning in Form 18 at the instance of any person interested (in this rule called "the person warning") which shall state his interest and, if he claims under a will, the date of the will, and shall require the caveator to give particulars of any contrary interest which he may have in the estate of the deceased; and every warning shall be served on the caveator.
(8) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the Registry and the caveat shall thereupon cease to have effect and, if it has been warned, the caveator shall forthwith give notice of with- drawal of the caveat to the person warning.
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