A 18
[Subsidiary]
(Cap. 4, sub. leg.)
Citations.
Form 19.
Citation to accept or refuse or to take a grant.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
(13) Except with the leave of the Registrar, no further caveat may be entered by or on behalf of any caveator whose caveat has ceased to have effect under paragraph (11) or (12) of this rule.
(14) In this rule, "grant" includes a grant made by any court outside Hong Kong which is produced for resealing by the court.
(15) In this rule "probate action" shall bear the meaning ascribed to it in Order 76 of the Rules of the Supreme Court.
45. (1) Every citation shall be settled by the Registrar before being issued.
(2) Every averment in a citation, and such other information as the Registrar may require, shall be verified by an affidavit sworn by the person issuing the citation (in these rules called "the citor") or, if there are two or more citors, by one of them:
Provided that the Registrar may in special circumstances accept an affidavit sworn by the citor's solicitor.
(3) The citor shall enter a caveat before issuing a citation.
(4) Every citation shall be served personally on the person cited unless the Registrar, on cause shown by the affidavit, directs some other mode of service, which may include notice by advertisement.
(5) Every will referred to in a citation shall be lodged in the Registry before the citation is issued, except where the will is not in the citor's possession and the Registrar is satisfied that it is impracticable to require it to be lodged.
(6) A person who has been cited to appear may, within eight days of service of the citation upon him inclusive of the day of such service, or at any time thereafter if no application has been made by the citor under rule 46(5) or rule 47(2), enter an appearance in the Registry by filing Form 19 and making an entry in the appropriate book, and shall forthwith thereafter serve on the citor a copy of Form 19 sealed with the seal of the court.
46. (1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.
(2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance of the executors who have proved the will or of the executors of the last survivor of deceased executors who have proved.
(3) A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of 6 months from the death of the deceased:
A 18
[Subsidiary]
(Cap. 4, sub. leg.)
Citations.
Form 19.
Citation to
accept or refuse or to take a
grant.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
(13) Except with the leave of the Registrar, no further caveat may be entered by or on behalf of any caveator whose caveat has ceased to have effect under paragraph (11) or (12) of this rule.
(14) In this rule, "grant” includes a grant made by any court outside Hong Kong which is produced for resealing by the court.
(15) In this rule "probate action" shall bear the meaning ascribed to it in Order 76 of the Rules of the Supreme Court.
45. (1) Every citation shall be settled by the Registrar before being issued.
(2) Every averment in a citation, and such other information as the Registrar may require, shall be verified by an affidavit sworn by the person issuing the citation (in these rules called "the citor") or, if there are two or more citors, by one of them:
Provided that the Registrar may in special circumstances accept an affidavit sworn by the citor's solicitor.
(3) The citor shall enter a caveat before issuing a citation.
(4) Every citation shall be served personally on the person cited unless the Registrar, on cause shown by the affidavit, directs some other mode of service, which may include notice by advertise-
ment.
(5) Every will referred to in a citation shall be lodged in the Registry before the citation is issued, except where the will is not in the citor's possession and the Registrar is satisfied that it is impracti- cable to require it to be lodged.
(6) A person who has been cited to appear may, within eight days of service of the citation upon him inclusive of the day of such service, or at any time thereafter if no application has been made by the citor under rule 46(5) or rule 47(2), enter an appearance in the Registry by filing Form 19 and making an entry in the appropriate book, and shall forthwith thereafter serve on the citor a copy of Form 19 sealed with the seal of the court.
46. (1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.
(2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance of the executors who have proved the will or of the executors of the last survivor of deceased executors who have proved.
(3) A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of 6 months from the death of the deceased:
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