1988 Ed.] The Rules of the Supreme Court-Order 76
[CAP. 4
(4) An application under paragraph (3) may be made ex parte and must be supported by an affidavit setting out the grounds of the application.
(5) An application under paragraph (3) shall be made to a master who may, if the application is granted, authorize the issue of a subpoena accordingly.
(6) Any person against whom a subpoena is issued under section 7(3) of the Probate and Administration Ordinance and who denies that the will or other testamentary paper referred to in the subpoena is in his possession or under his control may file an affidavit to that effect.
Administration pendente lite (O. 76, r. 14)
14. (1) An application under section 40 of the Probate and Administration Ordinance for an order for the grant of administration may be made by summons.
(2) Where an order for a grant of administration is made under the said section 40, Order 30, rules 2, 4 and 6 and (subject to section 60 of the Probate and Administration Ordinance) rule 3 shall apply as if the administrator were a receiver appointed by the Court.
Probate counterclaim in other proceedings (O. 76, r. 15)
15. (1) In this rule "probate counterclaim" means a counterclaim in any action other than a probate action by which the defendant claims any such relief as is mentioned in rule 1(2).
(2) Subject to the following paragraphs, this Order shall apply with the necessary modifications to a probate counterclaim as it applies to a probate action.
(3) A probate counterclaim must contain a statement of the nature of the interest of the defendant and of the plaintiff in the estate of the deceased to which the counterclaim relates.
(4) Before it is served a probate counterclaim must be indorsed with a memorandum signed by a master showing that the counterclaim has been produced to him for examination and that three copies of it have been lodged with him.
Rectification of wills (O. 76, r. 16)
16. (1) Where an application is made for rectification of a will, and the grant has not been lodged in court, rule 4 shall apply, with the necessary modifications, as if the proceedings were a probate action.
(2) A copy of every order made for the rectification of a will shall be sent to the principal Registry for filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the grant under which the estate is administered.
A 313
[Subsidiary]
(Cap. 10.)
(Cap. 10.)
(Cap. 10)
1988 Ed.] The Rules of the Supreme Court-Order 76
[CAP. 4
(4) An application under paragraph (3) may be made ex parte and must be supported by an affidavit setting out the grounds of the application.
(5) An application under paragraph (3) shall be made to a master who may, if the application is granted, authorize the issue of a subpoena accordingly.
(6) Any person against whom a subpoena is issued under section 7(3) of the Probate and Administration Ordinance and who denies that the will or other testamentary paper referred to in the subpoena is in his possession or under his control may file an affidavit to that effect.
Administration pendente lite (O. 76, r. 14)
14. (1) An application under section 40 of the Probate and Administration Ordinance for an order for the grant of administra- tion may be made by summons.
(2) Where an order for a grant of administration is made under the said section 40, Order 30, rules 2, 4 and 6 and (subject to section 60 of the Probate and Administration Ordinance) rule 3 shall apply as if the administrator were a receiver appointed by the Court.
Probate counterclaim in other proceedings (O. 76, r. 15)
15. (1) In this rule "probate counterclaim" means a counter- claim in any action other than a probate action by which the defendant claims any such relief as is mentioned in rule 1(2).
(2) Subject to the following paragraphs, this Order shall apply with the necessary modifications to a probate counterclaim as it applies to a probate action.
(3) A probate counterclaim must contain a statement of the nature of the interest of the defendant and of the plaintiff in the estate of the deceased to which the counterclaim relates.
(4) Before it is served a probate counterclaim must be indorsed with a memorandum signed by a master showing that the counter- claim has been produced to him for examination and that three copies of it have been lodged with him.
Rectification of wills (O. 76, r. 16)
16. (1) Where an application is made for rectification of a will, and the grant has not been lodged in court, rule 4 shall apply, with the necessary modifications, as if the proceedings were a probate action.
(2) A copy of every order made for the rectification of a will shall be sent to the principal Registry for filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the grant under which the estate is administered.
A 313
[Subsidiary]
(Cap. 10.)
(Cap. 10.)
(Cap. 10)
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