18
CAP. 10]
Probate and Administration.
[1971 Ed.
Sealing of grants by British courts outside Hong Kong.
Conditions to be fulfilled before sealing.
Application of sections 46 and 47.
Duplicate or copy admissible,
Rights of action of personal representative.
[cf. 1934 c. 41, s. 1.]
Power of personal representative to dispose of property.
[cf. 1925 c. 23, s. 2(2).]
"court of probate" means any court or authority, by whatever name
designated, having jurisdiction in matters of probate;
"probate" and "letters of administration" include confirmation in Scotland, and any instrument having in any other part of the Commonwealth the same effect which under English law is given to probate and letters of administration respectively; "estate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.
49. Where a court of probate in any part of the Commonwealth, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the court, be sealed with the seal of the court, and thereupon shall be of the like force and effect, and have the same operation in Hong Kong as if granted by that court.
50. The court shall, before sealing a probate or letters of administration under this Part, be satisfied that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in Hong Kong and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
51. As a condition of sealing letters of administration under this Part, the court may exercise the powers conferred on the court by sections 46 and 47 in the same manner as if it were granting an administration under this Ordinance.
52. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.
PART V.
POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF PERSONAL
REPRESENTATIVES.
53. Subject to the provisions of any other Ordinance, a personal representative has the same power to sue in respect of all causes of action vested in and surviving the deceased.
54. (1) No conveyance of immovable property of a deceased person dying after the commencement of this Ordinance shall be made without the concurrence of all the personal representatives of the deceased or an order of the court.
(2) Notwithstanding subsection (1), where probate is granted to one or some of two or more persons named as executors, whether
18
CAP. 10]
Probate and Administration.
[1971 Ed.
Sealing of grants by British courts outside Hong Kong.
Conditions to be fulfilled before sealing.
Application of sections 46 and 47.
Duplicate or copy admissible,
Rights of action of personal representative.
[cf. 1934 c. 41, s. 1.]
Power of personal representative to dispose of property.
lcf. 1925 c. 23, s. 2(2).]
"court of probate" means any court or authority, by whatever name
designated, having jurisdiction in matters of probate;
"probate" and "letters of administration" include confirmation in Scotland, and any instrument having in any other part of the Commonwealth the same effect which under English law is given to probate and letters of administration respectively; "estate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted.
49. Where a court of probate in any part of the Common- wealth, or a British court in a foreign country, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the court, be sealed with the seal of the court, and thereupon shall be of the like force and effect, and have the same operation in Hong Kong as if granted by that court.
50. The court shall, before sealing a probate or letters of administration under this Part, be satisfied that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in Hong Kong and may require such evidence if any as it thinks fit as to the domicile of the deceased person.
51. As a condition of sealing letters of administration under this Part, the court may exercise the powers conferred on the court by sections 46 and 47 in the same manner as if it were granting an administration under this Ordinance.
52. For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court grant- ing the same, or a copy thereof certified as correct by or under the authority of the court grarting the same, shall have the same effect as the original.
PART V.
POWERS, RIGHTS, DUTIES AND OBLIGATIONS OF PERSONAL
REPRESENTATIVES.
53. Subject to the provisions of any other Ordinance, a personal representative has the same power to sue in respect of all causes of action vested in and surviving the deceased.
54. (1) No conveyance of immovable property of a deceased person dying after the commencement of this Ordinance shall be made without the concurrence of all the personal representatives of the deceased or an order of the court.
(2) Notwithstanding subsection (1), where probate is granted to one or some of two or more persons named as executors, whether
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