A 20
[Subsidiary]
Address for service.
Application for order to bring
in a will or
to attend for examination.
Grants of administration under discre-
tionary powers of court, and grants ad
colligenda bona.
Applications for
leave to swear to death.
Grants in respect of nuncupative wills and of copies of wills. (Cap. 30.)
Grants durante absentia.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
(2) If the time limited for appearance has expired and no person cited has entered an appearance, or if no person who has appeared proceeds with reasonable diligence to propound the will, the citor may apply on motion for an order for a grant as if the will were invalid.
48. All caveats, citations, warnings and appearances shall contain an address for service within the jurisdiction.
49. (1) An application under section 7(1) of the Ordinance for an order requiring a person to bring in a will or to attend for examination may be made to a judge by summons, which shall be served on every such person as aforesaid.
(2) An application under section 7(3) of the Ordinance for the issue by the Registrar of a subpoena to bring in a will shall be supported by an affidavit setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control he may file an affidavit to that effect.
51. An application for an order for-
(a) a grant of administration under section 36 of the Ordin-
ance, or
(b) a grant of administration ad colligenda bona,
may be made to the Registrar, and shall be supported by an affidavit setting out the grounds of the application.
52. An application for leave to swear to the death of a person in whose estate a grant is sought may be made to the Registrar and shall be supported by an affidavit setting out the grounds of the application and containing particulars of any policies of insurance effected on the life of the presumed deceased.
53. (1) An application for an order admitting to proof a nuncupative will, or a will which it is claimed is valid according to the provisions contained in the Wills Ordinance or a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents where the original will is not available, may be made to the Registrar:
Provided that where a will is not available owing to its being retained in the custody of a foreign court or official, a duly authenticated copy of the will may be admitted to proof without any such order as aforesaid,
54. An application for an order for a grant of special administration under section 37 of the Ordinance where a personal representative is residing outside Hong Kong shall be made to the court on motion.
Page 20
Page 21
A 20
[Subsidiary]
Address for service.
Application for order to bring
in a will or
to attend for examination.
Grants of administration under discre-
tionary powers of court, and grants ad
colligenda bona.
Applications for
leave to swear to death.
Grants in respect of nuncupative wills and of copies of wills. (Cap. 30.)
Grants durante absentia.
CAP. 10]
Non-Contentious Probate Rules
[1983 Ed.
(2) If the time limited for appearance has expired and no person cited has entered an appearance, or if no person who has appeared proceeds with reasonable diligence to propound the will, the citor may apply on motion for an order for a grant as if the will were invalid.
48. All caveats, citations, warnings and appearances shall contain an address for service within the jurisdiction.
49. (1) An application under section 7(1) of the Ordinance for an order requiring a person to bring in a will or to attend for examination may be made to a judge by summons, which shall be served on every such person as aforesaid.
(2) An application under section 7(3) of the Ordinance for the issue by the Registrar of a subpoena to bring in a will shall be supported by an affidavit setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control he may file an affidavit to that effect.
51. An application for an order for-
(a) a grant of administration under section 36 of the Ordin-
ance, or
(b) a grant of administration ad colligenda bona,
may be made to the Registrar, and shall be supported by an affidavit setting out the grounds of the application.
52. An application for leave to swear to the death of a person in whose estate a grant is sought may be made to the Registrar and shall be supported by an affidavit setting out the grounds of the application and containing particulars of any policies of insurance effected on the life of the presumed deceased.
53. (1) An application for an order admitting to proof a nuncupative will, or a will which it is claimed is valid according to the provisions contained in the Wills Ordinance or a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents where the original will is not available, may be made to the Registrar:
Provided that where a will is not available owing to its be- ing retained in the custody of a foreign court or official, a duly authenticated copy of the will may be admitted to proof without any such order as aforesaid,
54. An application for an order for a grant of special administration under section 37 of the Ordinance where a personal representative is residing outside Hong Kong shall be made to the court on motion.
Page 20Page 21
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