1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
A 7
[Subsidiary]
Evidence as to terms, condition
and date of execution of will.
12. (1) Where there appears in a will any obliteration, inter-lineation, or other alteration which is not authenticated in the manner prescribed by the Wills Ordinance or by the reexecution of the will or by the execution of a codicil, the Registrar shall require
(Cap. 30.) evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved:
Provided that this paragraph shall not apply to any alteration which appears to the Registrar to be of no practical importance.
(2) If from any mark on a will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Registrar may require the document to be produced and may call for such evidence in regard to the attaching or incorporation of the document as he may think fit.
(3) Where there is doubt as to the date on which a will was executed, the Registrar may require such evidence as he thinks necessary to establish the date.
13. Any appearance of attempted revocation of a will by burning, tearing, or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the Registrar's satisfaction.
14. The Registrar may require an affidavit from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 11, 12 and 13, and in any such affidavit sworn by an attesting witness or other person present at the time of the execution of a will the deponent shall depose to the manner in which the will was executed.
16. If it appears to the Registrar that there is prima facie evidence that a will is one to which section 6 of the Wills Ordinance, as amended by any subsequent enactment, applies, the will may be admitted to proof if the Registrar is satisfied that it was signed by the testator or, if unsigned, that it is in the testator's handwriting.
18. Where evidence of the law of a country outside England or Hong Kong is required on any application for a grant the affidavit of any person who is an expert of the law of that country or place may be accepted by the Registrar.
19. The person or persons entitled to a grant of probate or administration with the will annexed shall be determined in accordance with the following order of priority, namely-
(i) the executor;
(ii) any residuary legatee or devisee holding in trust for any
other person;
Attempted revocation of will.
Affidavit as to due execution, terms, etc. of will.
Wills of persons on military service and
seamen. (Cap. 30.)
Evidence of foreign law.
Order of priority for grant where deceased left a
will.
1983 Ed.]
Non-Contentious Probate Rules
[CAP. 10
A 7
[Subsidiary]
Evidence as to terms, condition
and date of execution of will.
12. (1) Where there appears in a will any obliteration, inter- lineation, or other alteration which is not authenticated in the manner prescribed by the Wills Ordinance or by the reexecution of the will or by the execution of a codicil, the Registrar shall require (Cap. 30.) evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved:
Provided that this paragraph shall not apply to any alteration which appears to the Registrar to be of no practical importance.
(2) If from any mark on a will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Registrar may require the document to be produced and may call for such evidence in regard to the attaching or incorporation of the document as he may think fit.
(3) Where there is doubt as to the date on which a will was executed, the Registrar may require such evidence as he thinks necessary to establish the date.
13. Any appearance of attempted revocation of a will by burning, tearing, or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the Registrar's satisfaction.
14. The Registrar may require an affidavit from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 11, 12 and 13, and in any such affidavit sworn by an attesting witness or other person present at the time of the execution of a will the deponent shall depose to the manner in which the will was executed.
16. If it appears to the Registrar that there is prima facie evidence that a will is one to which section 6 of the Wills Ordinance, as amended by any subsequent enactment, applies, the will may be admitted to proof if the Registrar is satisfied that it was signed by the testator or, if unsigned, that it is in the testator's handwriting.
18. Where evidence of the law of a country outside England or Hong Kong is required on any application for a grant the affidavit of any person who is an expert of the law of that country or place may be accepted by the Registrar.
19. The person or persons entitled to a grant of probate or administration with the will annexed shall be determined in accord- ance with the following order of priority, namely-
(i) the executor;
(ii) any residuary legatee or devisee holding in trust for any
other person;
Attempted revocation of will.
Affidavit as to due execution, terms, etc. of will.
Wills of persons on military service and
seamen. (Cap. 30.)
Evidence of foreign law.
Order of priority for grant where deceased left a
will.
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