1964_PROBATE_AND_ADMINISTRATION_ORDINANCE — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 10]

Probate and Administration.

[1971 Ed.

(2) The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into the name of the Registrar of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order.

(3) If the personal representative, capable of acting as such, returns to and resides within Hong Kong while any legal proceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings.

Payment of

38. The costs of and incidental to the grant of special administration and the legal proceedings to which a special administrator is a party shall be paid by such person or out of such fund as the court in which the proceedings are pending may direct.

1925 c. 49, s. 164.

Case of infant

being sole

executor.

1925 c. 49, s. 165.

Appointment of administrator pendente lite.

1925 c. 49, s. 163.

Administration pending appeal.

Prohibition of executor acting pending administration. 1925 c. 23, s. 15.

39. (1) Where an infant is sole executor of a will, administration with the will annexed shall be granted to his guardian, or to such other person as the court thinks fit, until the infant attains the age of twenty-one years, and on his attaining that age, and not before, probate of the will may be granted to him.

(2) Where a testator by his will appoints an infant to be an executor, the appointment shall not operate to transfer any interest in the property of the deceased to the infant or to constitute him a personal representative for any purpose unless and until probate is granted to him under this section.

40. (1) Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant are pending the court may, subject to section 25, appoint an administrator of the estate of the deceased.

(2) An administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of the estate.

(3) Every such administrator shall be subject to the immediate control of the court and act under its direction.

41. All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to Her Majesty in Council from any decision of the court.

42. Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action, or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant, until the grant has been recalled or revoked.

~Pex zzi your

person wander the

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CAP. 10] Probate and Administration. [1971 Ed. (2) The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into the name of the Registrar of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order. (3) If the personal representative, capable of acting as such, returns to and resides within Hong Kong while any legal proceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings. Payment of 38. The costs of and incidental to the grant of special administration and the legal proceedings to which a special administrator is a party shall be paid by such person or out of such fund as the court in which the proceedings are pending may direct. 1925 c. 49, s. 164. Case of infant being sole executor. 1925 c. 49, s. 165. Appointment of administrator pendente lite. 1925 c. 49, s. 163. Administration pending appeal. Prohibition of executor acting pending administration. 1925 c. 23, s. 15. 39. (1) Where an infant is sole executor of a will, administration with the will annexed shall be granted to his guardian, or to such other person as the court thinks fit, until the infant attains the age of twenty-one years, and on his attaining that age, and not before, probate of the will may be granted to him. (2) Where a testator by his will appoints an infant to be an executor, the appointment shall not operate to transfer any interest in the property of the deceased to the infant or to constitute him a personal representative for any purpose unless and until probate is granted to him under this section. 40. (1) Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant are pending the court may, subject to section 25, appoint an administrator of the estate of the deceased. (2) An administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of the estate. (3) Every such administrator shall be subject to the immediate control of the court and act under its direction. 41. All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to Her Majesty in Council from any decision of the court. 42. Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action, or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant, until the grant has been recalled or revoked. ~Pex zzi your person wander the

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16 CAP. 10] Probate and Administration. [1971 Ed. (2) The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into the name of the Registrar of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order. (3) If the personal representative, capable of acting as such, returns to and resides within Hong Kong while any legal pro- ceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings. Payment of 38. The costs of and incidental to the grant of special admin- costs relating istration and the legal proceedings to which a special administrator to special administration. is a party shall be paid by such person or out of such fund as the 1925 c. 49, s. 164. court in which the proceedings are pending may direct. person wander the ~Pex zzi your Case of infant being sole executor. 1923 c. 49, s. 165. Appointment of administrator pendente lite. 1925 c. 49, s. 163. Administration pending appeal. Prohibition of executor acting pending ad- ministration. 1925 c. 23, s. 15. 39. (1) Where am infant is sole executor of a will, administra- tion with the will annexed shall be granted to his guardian, or to such other person as the court thinks fit, until the infant "attains the age of twenty-one years, and on his attaining that age, and not before, probate of the will may be granted to him. (2) Where a testator by his will appoints an infant to be an executor, the appointment shall not operate to transfer any interest in the property of the deceased to the infant or to constitute him a personal representative for any purpose unless and until probate is granted to him under this section. 40. (1) Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant are pending the court may, subject to section 25, appoint an administrator of the estate of the deceased. (2) An administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of the estate. (3) Every such administrator shall be subject to the immediate control of the court and act under its direction. 41. All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to Her Majesty in Council from any decision of the court. 42. Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action, or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant, until the grant has been recalled or revoked.

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CAP. 10]

Probate and Administration.

[1971 Ed.

(3) If the personal representative, capable of acting as such, returns to and resides within Hong Kong while any legal pro- ceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings.

Payment of

38. The costs of and incidental to the grant of special admin- costs relating

istration and the legal proceedings to which a special administrator to special administration. is a party shall be paid by such person or out of such fund as the 1925 c. 49, s. 164. court in which the proceedings are pending may direct.