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Cap 10 - PROBATE AND ADMINISTRATION ORDINANCE 1

Chapter: 10 PROBATE AND ADMINISTRATION ORDINANCE Gazette Number Version Date

Long title 30/06/1997

To consolidate and amend the law relating to probate and letters of administration and to the administration of the

estates of deceased persons.

[7 October 1971]

(Originally 26 of 1971)

Section: 1 Short title 30/06/1997

This Ordinance may be cited as the Probate and Administration Ordinance.

Section: 2 Interpretation 21 of 2005 11/02/2006

In this Ordinance, unless the context otherwise requires-"administration" (遺產管理、管理) includes any letters of administration of the estate of a deceased person,

whether with or without a will annexed, and whether granted for general, special or limited purposes; [cf. 1925c. 49 s. 175(1) U.K.]

"administrator" (遺產管理人) means a person to whom administration is granted; [cf. 1925 c. 23 s. 55 U.K.]

"court" (法院) means the High Court; (Amended 25 of 1998 s. 2)

"estate" (遺產) or "property" (財產) of a deceased person means the movable and immovable property passing on the

death of such person;

"estate duty" (遺產稅) means estate duty under the Estate Duty Ordinance (Cap 111);

"executor" (遺囑執行人) means a person to whom the execution of the last will of a deceased person is, by the

testator's appointment, confided;"grant" (授予、授予書) means a grant of probate or of administration; [cf. 1925 c. 49 s. 175 U.K.]

"intestate" (無遺囑者) includes a person who leaves a will but dies intestate as to some beneficial interest in his

estate; [cf. 1925 c. 23 s. 55 U.K.]

"non-contentious or common form probate business" (無爭議或普通形式的遺囑認證事務) means the business of

obtaining probate and administration where there is no contention as to the right thereto, including the passing of probate and administration through the court in a contentious case where the contest has been terminated, and allbusiness of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, andalso the business of lodging caveats against the grant of probate or administration; [cf. 1925 c. 49 s. 175(1)U.K.]

"personal representative" (遺產代理人) means the executor, original or by representation, or administrator for the

time being of a deceased person; [cf. 1925 c. 23 s. 55 U.K.]"probate" (遺囑認證) means a grant under the seal of the court authorizing the executors therein named to administer

the testator's estate;

"Registrar" (司法常務官) means the Registrar of the court and any Senior Deputy Registrar, Deputy Registrar or

Assistant Registrar thereof; (Amended 10 of 2005 s. 170)

"Registry" (承辦處) means the Probate Registry of the court;

"representation" (承辦) means the probate of a will and administration, and the expression "taking out representation"

(取得承辦) refers to the obtaining of the probate of a will or of the grant of administration; [cf. 1925 c. 23 s. 55

U.K.]

"Secretary" (局長) means the Secretary for Home Affairs; (Added 21 of 2005 s. 22)

"trust corporation" (信託法團) means-(a) (Repealed 25 of 1998 s. 2)

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(b) a corporation appointed by the court in any particular case to be a trustee (if authorized by itsconstitution to act as trustee); and

(c) any trust company registered under Part VIII of the Trustee Ordinance (Cap 29);

"will" (遺囑) includes any testamentary instrument of which probate may be granted. [cf. 1925 c. 49 s. 157(1) U.K.]

Part: I JURISDICTION AND POWERS OF THE COURT 67 of 1999 05/11/1999

Section: 3 Jurisdiction of the court in probate and administration 67 of 1999 05/11/1999

(1) The court shall have jurisdiction in all matters relating to probate and administration of deceaseds' estates,with power to grant probates of wills and letters of administration to the estates of deceased persons and to alter orrevoke such grants.

(2) The court shall have jurisdiction to make a grant of probate or administration in respect of a deceasedperson notwithstanding that the deceased person left no estate. [cf. 1932 c. 55 s. 2 U.K.]

(3) The court shall have jurisdiction to reseal grants of probate and letters of administration made by a court of probate in any designated country or place in accordance with the provisions of Part IV of this Ordinance. (Amended

67 of 1999 s. 3)(4) Where a testator gives, devises or bequeaths any part of his estate for unspecified charitable purposes,

otherwise than on trust, the court shall have jurisdiction, on the application of the Secretary for Justice, to approve ascheme for the disposal of the gift, devise or bequest for such charitable purposes as it thinks fit. (Added 13 of 1995 s.51. Amended L.N. 362 of 1997)

Section: 4 Sealing of documents 30/06/1997

All probates, letters of administration, orders and other instruments, and copies thereof and all exemplificationsand copies thereof, shall be sealed with the seal of the court; and any such document purporting to be so sealed shallbe received in evidence in any proceedings without further proof thereof.

[cf. 1925 c. 49 s. 174(2) U.K.]

Section: 5 Registrar may exercise jurisdiction in certain cases 30/06/1997

(1) Subject to section 6, a grant of probate or administration may be made, amended or resealed by theRegistrar in the name and under the seal of the court.

(2) The Registrar may, in any case in which he has jurisdiction under this section, exercise all such powers asare ancillary thereto which the court or a judge may exercise in like circumstances.

(3) Nothing in this section shall-(a) limit or prevent the exercise by a judge of any jurisdiction conferred upon the Registrar by this section;

or(b) confer upon the Registrar jurisdiction to revoke a grant.

(4) In this section and in section 6 "grant" means a grant, or the resealing of a grant, of probate oradministration or any amendment thereof.

Section: 6 Restrictions upon exercise of jurisdiction by Registrar 30/06/1997

(1) No grant shall be made by the Registrar under section 5-(a) in any case in which there is contention, until the contention has been disposed of;(b) if it appears to the Registrar that the grant ought not to be made without the direction of a judge; or(c) if the person applying for the grant or to whom the grant has been made is the Official Administrator

acting under Part II.(2) The Registrar, where he exercises jurisdiction under section 5-

(a) shall refer the matter to a judge if it appears to the Registrar-

(i) to be doubtful whether or not a grant should be made;(ii) that a grant ought not to be made without the direction of a judge; or

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(iii) that a question of special difficulty arises in relation to a grant; and(b) may refer to a judge any matter which appears to him to be proper for the decision of a judge.

(3) If a matter is referred to a judge under subsection (2) the judge may either dispose of it himself or refer itback to the Registrar with such directions as he thinks fit.

Section: 7 Power of ordering production of testamentary writings 30/06/1997

(1) The court may, on motion or petition or otherwise, in a summary way, whether any proceedings are or arenot pending in the court with respect to any probate or administration, order any person to produce and bring into theRegistry, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary which maybe shown to be in the possession or under the control of such person.

(2) If it is not shown that any such paper or writing is in the possession or under the control of such person, butit appears that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the courtmay direct such person to attend for the purpose of being examined in open court or upon interrogatories respectingthe same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produceand bring in such paper or writing, and shall be subject to the like process of contempt in case of default in notattending or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would

have been subject to in case he had been a party to an action in the court and had made such default.(3) The Registrar may, whether or not any proceedings are pending in the court, issue a subpoena requiring anyperson to produce and bring into the Registry any paper or writing being or purporting to be testamentary, which maybe shown to be in the possession, within the power, or under the control of such person; and such person, upon beingduly served with the said subpoena, shall be bound to produce and bring in such paper or writing, and shall be subjectto the like process of contempt in case of default as if he had been a party to proceedings in the court, and had beenordered by a judge to produce and bring in such paper or writing. [cf. 1858 c. 95 s. 23 U.K.]

[cf. 1857 c. 77 s. 26 U.K.]

Section: 8 Summons of executor to prove or renounce 30/06/1997

The court shall have power to summon any person named as executor in a will to prove or renounce probate of

the will, and to do such other things concerning the will as the High Court in England may do with regard to suchmatters.

[cf. 1925 c. 49 s. 159 U.K.]

Section: 8A Registrar may require information 21 of 2005 11/02/2006

The Registrar may—

(a) require any applicant for a grant to provide any information relating to the estate concerned, includingbut not limited to the value of the estate, which appears to the Registrar to be necessary for thepurposes of the exercise of the jurisdiction under section 3; and

(b) require provision of such information in the form of an affidavit.

(Added 21 of 2005 s. 25)

Part: II THE OFFICIAL ADMINISTRATOR 10 of 2005 08/07/2005

Section: 9 Registrar to be Official Administrator 10 of 2005 08/07/2005

(1) The Registrar shall be ex officio Official Administrator under this Ordinance.(2) In all cases the Official Administrator shall be subject to the immediate control and act under the direction

of the court.(3) The Official Administrator may employ a solicitor or other agent to do any business which may be

sanctioned by the court.

(4) An application by the Official Administrator to the court may be made personally, and without notice orother formality; but the court may in any case order that an application be renewed in a formal manner, and that such

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notice thereof be given to any person likely to be affected thereby as the court may direct.

(5) For the purpose of subsection (1) the term "Registrar" (司法常務官) does not include a Senior Deputy

Registrar, Deputy Registrar or Assistant Registrar of the High Court, but the powers and duties of the OfficialAdministrator may be exercised by a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the HighCourt. (Amended 10 of 2005 s. 171)

Section: 10 Vesting of estate of deceased person in Official Administrator 30/06/1997

Where any person dies, whether in Hong Kong or elsewhere, leaving estate in Hong Kong in respect of which hedies intestate, such estate shall vest in the Official Administrator who may, if he thinks fit, receive and take possessionof the same until administration is granted in respect thereof.

Section: 11 Re-vesting of property on vacation of office 30/06/1997

All property vested in the Official Administrator for the time being by virtue of any grant of administration madeto him or any predecessor in office or otherwise shall, on his vacating or otherwise ceasing to hold the office, bedeemed to be vested in his successor without any further transfer or conveyance.

Section: 12 Interim possession of property and deaths of foreign nationals 67 of 1999 01/07/1997

Remarks: Adaptation amendments retroactively made - see 67 of 1999 s. 3

(1) The Official Administrator may, whenever he thinks it expedient to do so and upon such evidence of deathas he deems sufficient, take possession of the movable property of a deceased person which may be found withinHong Kong, and provide for the safe custody thereof until probate of the will of such deceased person oradministration of his estate has been granted by the court:

Provided that the Official Administrator may, in lieu thereof if he thinks fit, issue forthwith a commission of appraisement of all or any of such property.

(2) In the case of the death of any person who is the national of a State to which section 3 of the ConsularConventions Ordinance (Cap 267) applies, the Official Administrator shall, as soon as conveniently may be after thefact of such death has come to his knowledge, inform the nearest consular officer of the State of the same. (Amended67 of 1999 s. 3)

(3) (Repealed 67 of 1999 s. 3)

Section: 13 Unlawfully removing property of deceased from Hong Kong 30/06/1997

Any person who, without lawful authority or reasonable excuse-(a) removes or attempts to remove out of Hong Kong any such property as is mentioned in section 12; or(b) destroys, conceals, or refuses to yield up any such property on demand to the Official Administrator,

shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for6 months.

Section: 14 Lien on property of deceased person for expenses incurredunder section 12

30/06/1997

The Official Administrator shall have a lien upon all property mentioned in section 12 for the reasonableexpenses incurred by him in carrying out the provisions of that section, and such expenses shall also constitute the firstcharge on the estate of the deceased person, before the payment of debts having priority.

Section: 15 Summary administration of estates not exceeding $150000 67 of 1999 01/07/1997


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(1) The Official Administrator may, where the whole of an estate does not, in his opinion, exceed $150000 invalue, without any legal formality, get in and administer the same in a summary manner, for the benefit of the personshe may deem interested therein, without a grant or other legal formality. (Amended 44 of 1983 s. 2; 6 of 1996 s. 2)

(2) Any balance of such estate which remains unclaimed shall be paid to the Treasury and, at the expiration of five years from the date of the getting in of the estate, be transferred to the general revenue. (Added 71 of 1971 s. 3.

Amended 67 of 1999 s. 3)

Section: 15A Affidavit concerning assets and liabilities of estate relating tosummary administration

L.N. 210 of 2005 12/02/2006

(1) In this section—

(a) “assets” means assets in the form of real property or personal property situated in Hong Kong;

(b) “liabilities”, in relation to a deceased person, means—

(i) liabilities contracted by the deceased in Hong Kong to persons ordinarily resident in Hong Kong;or

(ii) any other liabilities contracted by the deceased and charged on any property of the deceased

situated in Hong Kong.(2) An application to the Official Administrator for the exercise of his power under section 15 to get in and

administer the estate of a person who dies on or after 11 February 2006 shall be supported by an affidavit sworn by theapplicant and filed by the applicant with the Registry. (Amended L.N. 210 of 2005)

(3) An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of thedeceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or themanager of a Tso or Tong) known to the applicant.

(4) If, at any time before or after the Official Administrator exercises his power under section 15, anyinaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under subsection (5)comes to the knowledge of the applicant concerned, he shall file a corrective affidavit with the Registry.

(5) A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting out—

(a) the details of the inaccuracy in a schedule exhibited under subsection (3) or an additional scheduleexhibited under this subsection; and

(b) (where applicable) the assets and liabilities of the deceased as at the date of his death known to theapplicant that should have been set out in that schedule but are not so set out.

(6) An affidavit or corrective affidavit referred to in subsection (2) or (4) shall verify the truthfulness andcorrectness of the schedule or additional schedule exhibited by it to the best of the knowledge, information and belief of the person by whom it is sworn.

(7) An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be ina form specified by the Registrar by general notice published in the Gazette.

(Added 21 of 2005 s. 26)

Section: 16 Cases in which Official Administrator is entitled to

administration

30/06/1997

(1) On application made by the Official Administrator, the court shall, unless it sees good reason to thecontrary, grant to him administration in any of the following cases-

(a) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in HongKong and no next of kin of such person are resident in Hong Kong;

(b) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in HongKong and the next of kin of such person who is resident in Hong Kong files in the Registry a requestfor or consent to the making of such grant, in writing signed by him;

(c) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in HongKong and no person has, within twelve months after the death of such person, obtained administrationof his estate; and

(d) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in HongKong and the next of kin is resident in Hong Kong and is an infant.

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at the time of the grant is or is not mentioned therein, shall be deemed to have been made to him and his successors inoffice.

Section: 23A Payment into Government account of unclaimed balance of intestate's estate

30/06/1997

(1) If the Official Administrator has been granted administration of an estate and a balance of such estateremains unclaimed in his hands, he shall pay that balance into the Treasury or into the account of the Government atsuch bank as the Director of Accounting Services may direct. (Amended 70 of 1972 s. 2; L.N. 16 of 1977; L.N. 453of 1993)

(2) (Repealed 70 of 1972 s. 2)(Added 71 of 1971 s. 3)

Section: 23B Advertisements as to unclaimed balance of intestate's estate 67 of 1999 01/07/1997


(1) If the Official Administrator has been granted administration of an estate and-(a) a balance of such estate exceeding five hundred dollars remains unclaimed; and(b) the persons entitled thereto are not known to him,

the Official Administrator shall cause advertisements to be published in accordance with subsection (2). (Amended 70of 1972 s. 3)

(2) An advertisement-(a) shall be published in Hong Kong and in any other place where the Official Administrator has reason to

believe that the persons entitled to claim the balance of the estate may be found; and(b) shall be to the effect that if no claim is made to the Official Administrator within five years from the

first publication of the advertisement in Hong Kong the balance from the estate will be transferred tothe general revenue.

(3) If at the expiration of a period of five years from the date of the first publication of an advertisement undersubsection (2), the Official Administrator is of the opinion that no claim can reasonably be expected against the estatehe may transfer the balance of the estate to the general revenue.

(Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3)

Section: 23C Transfer of unclaimed balance not exceeding five hundreddollars

67 of 1999 01/07/1997


The Official Administrator may, at any time, transfer the balance of any estate not exceeding five hundred

dollars remaining undistributed to the general revenue.(Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3)

Section: 23D Disposal of surplus interest 30/06/1997

The Official Administrator shall on or after 31 March in each year transfer to the general revenue any interestpaid on or accumulated in any account operated by him for the purpose of administering any estate, if such interest isnot required to be credited or paid to any estate by rules made under section 72.

(Added 72 of 1978 s. 2)

Part: III GRANTING AND REVOCATION OF PROBATES, ETC. 30/06/1997

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Section: 24 Application for grants 30/06/1997

(1) An application for the grant or revocation of probate or letters of administration shall be made through theRegistry.

(2) No application under subsection (1) shall be submitted in the form of a petition.[cf. 1925 c. 49 s. 150 U.K.]

Section: 24A Affidavit concerning assets and liabilities of estate L.N. 210 of 2005 12/02/2006





(ii) any other liabilities contracted by the deceased and charged on any property of the deceasedsituated in Hong Kong.

(2) An application for a grant in respect of the estate of a person who dies on or after 11 February 2006 shall be

— (Amended L.N. 210 of 2005)(a) supported by an affidavit sworn by the applicant and filed by him with the Registry; and(b) accompanied by a duplicate of the schedule exhibited by such affidavit under subsection (3).

(3) An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of thedeceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or themanager of a Tso or Tong) known to the applicant.

(4) If, before the court makes a grant under section 3, any inaccuracy in a schedule exhibited under subsection(3) or an additional schedule exhibited under subsection (5) comes to the knowledge of the applicant concerned, he

shall file—

(a) a corrective affidavit; and(b) a duplicate of the additional schedule exhibited by such affidavit under subsection (5),

with the Registry.(5) A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting out—



(6) Where the grant applied for is to cover only a part of the estate of the deceased, the reference to“the assets

and liabilities of the deceased” in subsection (3) or (5) shall be construed to mean the assets and liabilities of the

deceased constituting that part of the estate.(7) The duplicate schedule referred to in subsection (2)(b) and any duplicate additional schedule filed under

subsection (4) in respect of an application for a grant shall be annexed to the grant.(8) If, after the court makes a grant under section 3, any inaccuracy in a schedule or additional schedule

annexed to the grant comes to the knowledge of the executor or administrator, he shall—

(a) file—

(i) a corrective affidavit; and(ii) a duplicate of the additional schedule exhibited by such affidavit under subsection (9),with the Registry; and

(b) deliver the grant to the Registry together with such affidavit.

(9) A corrective affidavit referred to in subsection (8)(a) shall exhibit an additional schedule setting out—

(a) the details of the inaccuracy in the schedule or additional schedule annexed to the grant; and(b) (where applicable) the assets and liabilities of the deceased as at the date of his death known to the

executor or administrator that should have been set out in that schedule but are not so set out.

(10) Where a grant covers only a part of the estate of a deceased person, the reference to “the assets and

liabilities of the deceased” in subsection (9) shall be construed to mean the assets and liabilities of the deceasedconstituting that part of the estate.

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require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorizedshall be binding on the corporation.

(4) This section shall apply whether the testator or intestate died before or after the commencement of thisOrdinance.

[cf. 1925 c. 49 s. 161 U.K.]

Section: 27 Right of proving executors to exercise powers 30/06/1997

(1) Where probate is granted to one or some of two or more persons named as executors, whether or not poweris reserved to the others or other to prove, all the powers which are by law conferred on the personal representativemay be exercised by the proving executor or executors for the time being and shall be as effectual as if all the personsnamed as executors had concurred therein.

(2) This section applies whether the testator died before or after the commencement of this Ordinance.[cf. 1925 c.23 s. 8 U.K.]

Section: 28 Cesser of right of executor to prove 30/06/1997

Where a person appointed executor by a will-(a) survives the testator but dies without having taken out probate of the will; or(b) is cited to take out probate of the will and does not appear to the citation; or(c) renounces probate of the will,

his rights in respect of the executorship shall wholly cease, and the representation to the testator, and theadministration of his estate shall go, devolve, and be committed in like manner as if such person had not beenappointed executor.

[cf. 1925 c. 23 s. 5 U.K.]

Section: 29 Express renunciation of right to probate 30/06/1997

(1) Any person who is or may become entitled to representation may expressly renounce his right to such

representation.(2) Such renunciation may be made orally on the hearing of any petition or probate action by the person

renouncing or by counsel on his behalf, or in writing signed by the person so renouncing and attested by a solicitor orby any person before whom an affidavit may be sworn.

Section: 30 Constructive renunciation 30/06/1997

(1) Any person having or claiming any interest in the estate of a deceased person may cause to be issued acitation directed to the executors appointed by the deceased's will calling upon them to accept or renounce theirexecutorship.

(2) Any person so cited may enter an appearance to the citation, but if he makes a default in appearance thereto,

he shall be deemed to have renounced his executorship; and if, having appeared, he does not proceed to apply forprobate, or having applied has failed to prosecute his application with reasonable diligence, the person so citing mayapply for an order that the person cited, unless he applies for and obtains probate within a time limited by the order,shall be deemed to have renounced his right thereto, and an order may be made accordingly.

Section: 31 Retraction of renunciation 30/06/1997

A renunciation of probate or administration may be retracted at any time on the order of the court:Provided that leave may be given to an executor to retract a renunciation of probate after a grant has been made

to some other person entitled in a lower degree only if the court is satisfied that such retraction is for the benefit of theestate or persons interested therein.

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Section: 32 Withdrawal of renunciation 30/06/1997

(1) Where an executor who has renounced probate has been permitted, whether before or after thecommencement of this Ordinance, to withdraw the renunciation and prove the will, the probate shall take effect and bedeemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any otherpersonal representative who has previously proved the will or taken out letters of administration, and a memorandumof the subsequent probate shall be endorsed on the original probate or letters of administration.

(2) This section applies whether the testator died before or after the commencement of this Ordinance.[cf. 1925 c. 23 s. 6 U.K.]

Section: 33 Revocation of grants and removal of executors 30/06/1997

(1) Where it appears to the court that a probate or administration either ought not to have been granted orcontains an error, the court may call in the probate or administration and if satisfied that it would be revoked at theinstance of a party interested, may revoke it.

(2) A probate or administration may be revoked under subsection (1) without being called in if it cannot becalled in.

(3) The court may, if satisfied that the due and proper administration of the estate and the interests of thepersons beneficially entitled thereto so require, suspend or remove an executor or administrator (other than the OfficialAdministrator) and provide for the succession of another person in place of such executor or administrator and for thevesting in that other person of any property belonging to the estate.

[cf. 1956 c. 46 s. 17 U.K.]

Section: 34 Executor of executor represents original testator 30/06/1997

(1) An executor of a sole or last surviving executor of a testator is the executor of that testator.(2) Subsection (1) shall not apply to an executor who does not prove the will of his testator, and, in the case of

an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the willof that testator it shall cease to apply on such probate being granted.

(3) So long as the chain of such representation is unbroken, the last executor in the chain is the executor of every preceding testator.

(4) The chain of such representation is broken by-(a) an intestacy; or(b) the failure of a testator to appoint an executor; or(c) the failure to obtain probate of a will,

but is not broken by a temporary grant of administration if probate is subsequently granted.(5) Every person in the chain of representation to a testator-

(a) has the same rights in respect of the estate of that testator as the original executor would have had if living; and

(b) is, to the extent to which the estate of that testator has come to his hands, answerable as if he were anoriginal executor.

[cf. 1925 c. 23 s. 7 U.K.]

Section: 35 On failure of executors 30/06/1997

(1) Where-(a) no executor is appointed by a will;(b) all the executors are legally incapable of acting as such, or have renounced;(c) no executor survives the testator;(d) all the executors die before obtaining probate or before having administered all the estate of the

deceased;(e) the executors have failed to appear to a citation to prove or renounce probate; or

(f) the executors do not apply for probate,letters of administration with the will annexed may be granted to such person or persons as the court thinks fit.

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(2) Where letters of administration with the will annexed are granted, the will of the deceased shall beperformed and exercised in like manner as if probate thereof had been granted to an executor. [cf. 1925 c. 49 s. 166U.K.]

Section: 36 Appointment of administrator of intestate's estate 30/06/1997

Where a person dies wholly intestate as to his estate or leaving a will affecting estate but without havingappointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the deathof such person, resident out of Hong Kong, or where it appears to the court to be necessary or convenient to appointsome person to be the administrator of the estate of the deceased person or of any part of such estate, other than theperson who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such estate, the court may, subject to section 25, appoint such person as the court thinks fit to be such administrator,on his giving such security, if any, as may be required under this Part or as the court may direct, and every suchadministration may be limited in such manner as the court thinks fit.

[cf. 1857 c. 77 s. 73 U.K.]

Section: 37 Grant of special administration 30/06/1997

(1) If at the expiration of twelve months from the death of a person any personal representative of the deceasedto whom a grant has been made is residing out of Hong Kong the court may, on the application of any creditor orperson interested in the estate of the deceased, grant to him special administration of the estate of such deceasedperson.

(2) The court may, for the purpose of any legal proceedings to which the administrator under the specialadministration is a party, order the transfer into the name of the Registrar of any money or securities belonging to theestate 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 anylegal proceedings to which a special administrator is a party are pending, that personal representative shall be made aparty to the legal proceedings.

[cf. 1925 c. 49 s. 164 U.K.]

Section: 38 Payment of costs relating to special administration 30/06/1997

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

[cf. 1925 c. 49 s. 164 U.K.]

Section: 39 Person under 21 as sole executor 30/06/1997

(1) Where a person under the age of 21 years is sole executor of a will, administration with the will annexed

shall be granted to his guardian (if any), or to such other person as the court thinks fit, until the person attains the ageof 21 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 a person under the age of 21 years to be an executor, the appointment

shall not operate to transfer any interest in the property of the deceased to the person or to constitute him a personalrepresentative for any purpose unless and until probate is granted to him under this section. (Amended 32 of 1990 s.7)

[cf. 1925 c. 49 s. 165 U.K.]

Section: 40 Appointment of administrator pendente lite 30/06/1997

(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

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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.

[cf. 1925 c. 49 s. 163 U.K.]

Section: 41 Administration pending appeal 25 of 1998 01/07/1997


All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply tothe case of an appeal to the Hong Kong Court of Final Appeal from any decision of the court.

(Amended 25 of 1998 s. 2)

Section: 42 Prohibition of executor acting pending administration 30/06/1997

Where administration has been granted in respect of any estate of a deceased person, no person shall have powerto 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. [cf. 1925 c. 23 s. 15 U.K.]

Section: 43 Rights and liabilities of administrator 30/06/1997

Every person to whom administration of the estate of a deceased person is granted shall, subject to thelimitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he werethe executor of the deceased.

[cf. 1925 c. 23 s. 21 U.K.]

Section: 44 Legal proceedings after revocation of temporaryadministration

30/06/1997

If, while any legal proceeding is pending in any court by or against an administrator to whom a temporaryadministration has been granted, that administration is revoked, that court may order that the proceeding be continuedby or against the new personal representative in like manner as if the same had been originally commenced by oragainst him, but subject to such conditions and variations, if any, as that court directs.

[cf. 1925 c. 23 s. 17 U.K.]

Section: 45 Caveats 30/06/1997

A caveat against a grant of probate or administration may be entered in the Registry.[cf. 1925 c. 49 s. 154 U.K.]

Section: 46 Power to require administrators to produce sureties 30/06/1997

As a condition of granting administration to any person the court may, subject to the provisions of section 47 andsubject to and in accordance with probate rules and orders, require one or more sureties to guarantee that they willmake good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which anyperson interested in the administration of the estate of the deceased may suffer in consequence of a breach by theadministrator of his duties as such.

[cf. 1925 c. 49 s. 167(1) U.K.]

Section: 47 Effect of guarantee 30/06/1997

(1) A guarantee given in pursuance of any requirement under section 46 shall ensure for the benefit of everyperson interested in the administration of the estate of the deceased as if contained in a contract under seal made by the

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surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.

(2) No action shall be brought on any such guarantee without the leave of the court.(3) No sureties shall be required where administration is granted to the Official Administrator or to the consular

officer of a State to which section 3 of the Consular Conventions Ordinance (Cap 267) applies or in such other casesas may be prescribed by probate rules and orders.

[cf. 1925 c. 49 s. 167(2) U.K.]

Part: IV SEALING OF GRANTS BY COURTS IN DESIGNATEDCOUNTRIES, ETC.*

67 of 1999 05/11/1999

___________________________________________________________________

Note:

* (Replaced 67 of 1999 s. 3)

Section: 48 Interpretation 67 of 1999 05/11/1999

In this Part-

"court of probate" (遺囑認證法院) means any court or authority, by whatever name designated, having jurisdiction

in matters of probate;

"designated country or place" (指定國家或地方) means a country or place specified in Schedule 2; (Added 67 of

1999 s. 3)

"estate duty" (遺產稅) includes any duty payable on the value of the estate and effects for which probate or letters of

administration is or are granted;

"probate" (遺囑認證) and "letters of administration" (遺產管理書) mean any instrument having in any designated

country or place the same effect which under the laws of Hong Kong is given to probate and letters of administration respectively. (Replaced 67 of 1999 s. 3)


Section: 49 Sealing of grants by Courts outside Hong Kong 67 of 1999 05/11/1999

Where a court of probate in a designated country or place has granted probate or letters of administration inrespect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copythereof deposited with, the court, be sealed with the seal of the court, and thereupon shall be of the like force andeffect, and have the same operation in Hong Kong as if granted by that court.


Section: 49AA Application for sealing of grant to be supported by affidavit L.N. 210 of 2005 12/02/2006





(ii) any other liabilities contracted by the deceased and charged on any property of the deceasedsituated in Hong Kong.

(2) An application for sealing of a grant under section 49 in respect of the estate of a person who dies on orafter 11 February 2006 shall be— (Amended L.N. 210 of 2005)

(a) supported by an affidavit sworn by the applicant and filed by him with the Registry; and(b) accompanied by a duplicate of the schedule exhibited by such affidavit under subsection (3).

(3) An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of thedeceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the

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manager of a Tso or Tong) known to the applicant.(4) If, before the court seals the grant under section 49, any inaccuracy in a schedule exhibited under subsection

(3) or an additional schedule exhibited under subsection (5) comes to the knowledge of the applicant concerned, heshall file—

(a) a corrective affidavit; and(b) a duplicate of the additional schedule exhibited by such affidavit under subsection (5),

with the Registry.(5) A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting out—



(6) Where the grant if and when sealed will cover only a part of the estate of the deceased, the reference to

“the assets and liabilities of the deceased” in subsection (3) or (5) shall be construed to mean the assets and

liabilities of the deceased constituting that part of the estate.(7) The duplicate schedule referred to in subsection (2)(b) and any duplicate additional schedule filed under

subsection (4) in respect of an application for sealing of a grant shall be annexed to the instrument effecting the

sealing.(8) If, after the court seals a grant under section 49, any inaccuracy in a schedule or additional schedule

annexed to the instrument effecting the sealing comes to the knowledge of the executor or administrator, he shall—

(a) file—

(i) a corrective affidavit; and(ii) a duplicate of the additional schedule exhibited by such affidavit under subsection (9),with the Registry; and

(b) deliver the grant and the instrument effecting the sealing to the Registry together with such affidavit.(9) A corrective affidavit referred to in subsection (8)(a) shall exhibit an additional schedule setting out—

(a) the details of the inaccuracy in the schedule or additional schedule annexed under subsection (7) to theinstrument effecting the sealing of the grant; and

(b) (where applicable) the assets and liabilities of the deceased as at the date of his death known to theexecutor or administrator that should have been set out in that schedule but are not so set out.(10) Where a grant as sealed covers only a part of the estate of a deceased person, the reference to “the assets

and liabilities of the deceased” in subsection (9) shall be construed to mean the assets and liabilities of the deceased

constituting that part of the estate.(11) Where an instrument effecting the sealing of a grant is delivered to the Registry under subsection (8)(b), the

court may—

(a) amend the instrument appropriately (if necessary); and(b) return the grant and the instrument to the executor or administrator with the duplicate additional

schedule filed under subsection (8)(a)(ii) annexed to the instrument without removing any duplicateschedule or duplicate additional schedule previously annexed to the instrument.

(12) Notwithstanding subsections (6) and (10), the court or the Registrar may require an applicant for the sealing

of a grant or an executor or administrator to file an affidavit exhibiting a schedule setting out all of the assets andliabilities of a deceased person as at the date of his death known to the applicant, executor or administrator despite thegrant if and when sealed will cover, or the grant as sealed covers, as the case may be, only a part of the estate.

(13) For the avoidance of doubt, the value of assets other than cash does not have to be stated in a schedule or anadditional schedule exhibited under this section.

(14) An affidavit or corrective affidavit referred to in subsection (2), (4), (8) or (12) shall verify the truthfulnessand correctness of the schedule or additional schedule exhibited by it to the best of the knowledge, information andbelief of the person by whom it is sworn.

(15) An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be ina form specified by the Registrar by general notice published in the Gazette.

(Added 21 of 2005 s. 28)

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Section: 49AB Registrar to provide the Commissioner of Inland Revenue withinformation in application for sealing of non-local grants

L.N. 210 of 2005 12/02/2006

Within 1 month of the receipt of an application for sealing a grant under section 49 in respect of the estate of aperson who dies on or after 11 February 2006, the Registrar shall provide the Commissioner of Inland Revenue withsuch information supplied by the applicant for the purposes of the application as the Commissioner may require forthe purposes of the Inland Revenue Ordinance (Cap 112).

(Added 21 of 2005 s. 21. Amended L.N. 210 of 2005)

Section: 49A Amendment of Schedule 2 67 of 1999 05/11/1999

(1) The Chief Executive in Council may, by order in the Gazette, add to or delete from Schedule 2 the name of a country or place if he is satisfied that the condition in subsection (2) is complied with or has ceased to be compliedwith (as the case may be) in respect of that country or place.

(2) The condition referred to in subsection (1) is that, in the event of the benefits conferred by this Part beingapplied to probate and letters of administration granted by the court of a country or place outside Hong Kong, similarbenefits will in that country or place be applied to probate and letters of administration granted by the court of Hong

Kong.(Added 67 of 1999 s. 3)

Section: 50 Conditions to be fulfilled before sealing 30/06/1997

The court shall, before sealing a probate or letters of administration under this Part, be satisfied that estate dutyhas been paid in respect of so much, if any, of the estate as is liable to estate duty in Hong Kong and may require suchevidence if any as it thinks fit as to the domicile of the deceased person.

Section: 51 Application of sections 46 and 47 30/06/1997

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.

Section: 52 Duplicate or copy admissible 30/06/1997

For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of thecourt 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 OFPERSONAL REPRESENTATIVES

30/06/1997

Section: 53 Rights of action of personal representative 30/06/1997

Subject to the provisions of any other Ordinance, a personal representative has the same power to sue in respectof all causes of action vested in and surviving the deceased.

[cf. 1934 c. 41 s. 1 U.K.]

Section: 54 Power of personal representative to dispose of property 30/06/1997

(1) No conveyance of immovable property of a deceased person dying after the commencement of thisOrdinance shall be made without the concurrence of all the personal representatives of the deceased or an order of thecourt.

(2) Notwithstanding subsection (1), where probate is granted to one or some of two or more persons named asexecutors, whether or not power is reserved to the other or others to prove, any conveyance of the immovable property

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may be made by the proving executor or executors for the time being, without an order of the court, and shall be aseffectual as if all the persons named as executors had concurred therein.

(3) Save where subsection (1) or (2) applies, where there are several personal representatives the powers of allmay, in the absence of any direction to the contrary in the will or grant of administration, be exercised by any one of them.

(4) A personal representative may charge, mortgage or otherwise dispose of any property vested in him, as hemay think proper, subject to any restriction which may be imposed in this behalf by the will of the deceased and to theprovisions of this section:

Provided that an executor may dispose of any property notwithstanding any restriction so imposed, if he does soin accordance with an order of the court.

(5) The disposal of property by a personal representative in contravention of the provisions of this section shallbe voidable at the instance of any other person interested in the property.

[cf. 1925 c. 23 s. 2(2) U.K.]

Section: 55 Purchase by personal representative of deceased's property 30/06/1997

If a personal representative purchases, either directly or indirectly, any of the property of the deceased, the sale

shall be voidable at the instance of any other person interested in the property sold.

Section: 56 Duty of personal representative as to inventory 30/06/1997

The personal representative of a deceased person shall, when lawfully required so to do, exhibit, by affidavitfiled in the court, a true and perfect inventory and account of the movable and immovable property of the deceased,and the court shall have power as heretofore to require personal representatives to bring in inventories.

[cf. 1925 c. 23 s. 25 U.K.]

Section: 57 Protection of persons acting on probate or administration 30/06/1997

(1) Every person making or permitting to be made any payment or disposition in good faith under a

representation shall be indemnified and protected in so doing, notwithstanding any defect or circumstance whatsoeveraffecting the validity of the representation. [cf. 1925 c. 23 s. 27(1) U.K.]

(2) Where a representation is revoked, all payments and dispositions made in good faith to a personalrepresentative under the representation before the revocation thereof are a valid discharge to the person making thesame; and the personal representative who acted under the revoked representation may retain and reimburse himself inrespect of any payments or dispositions made by him which the person to whom representation is afterwards grantedmight have properly made. [cf. 1925 c. 23 s. 27(2) U.K.]

(3) All transfers and conveyances of any interest in property made to a purchaser either before or after thecommencement of this Ordinance by a person to whom probate or letters of administration have been granted arevalid, notwithstanding any subsequent revocation or variation, either before or after the commencement of thisOrdinance, of the probate or administration. [cf. 1925 c. 23 s. 37(1) U.K.]

(4) This section takes effect without prejudice to any order of the court made before the commencement of thisOrdinance and applies whether the testator or intestate died before or after such commencement. [cf. 1925 c. 23 s.37(2) U.K.]

Section: 58 Liability of a person fraudulently obtaining or retaining estateof deceased

30/06/1997

If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds anymovable or immovable property of a deceased person or effects the release of any debt or liability due to the estate of the deceased, he shall be charged as executor in his own wrong to the extent of the property received or coming intohis hands, or the debt or liability released, after deducting-

(a) any debt for valuable consideration and without fraud due to him from the deceased person at the time

of his death; and(b) any payment made by him which might properly be made by a personal representative.

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[cf. 1925 c. 23 s. 28 U.K.]

Section: 59 Liability of estate of personal representative 30/06/1997

Where a person as personal representative of a deceased person (including an executor in his own wrong) wastesor converts to his own use any part of the property of the deceased, and dies, his personal representative shall, to theextent of the available assets of the defaulter, be liable and chargeable in respect of such waste or conversion, in thesame manner as the defaulter would have been if living.

[cf. 1925 c. 23 s. 29 U.K.]

Section: 60 Allowance of remuneration to executor, administrator orattorney

30/06/1997

(1) Subject to subsection (2), the court may allow to any executor or administrator, including an administratorappointed pendente lite under section 40 (or to a person acting under a power of attorney as attorney for an executor oradministrator in the matter of the sealing of a probate or administration under Part IV or in the matter of the realizationand administration of an estate under a probate or administration so sealed) such remuneration out of the estate of the

deceased person as the court thinks fit.(2) (a) No allowance shall be made to any executor or administrator or attorney who neglects to pass his

accounts at such time, or to dispose of any moneys, goods, chattels, or securities with which he ischargeable in such manner as may be required by probate rules and orders.

(b) No such remuneration shall exceed five per cent on the first one thousand dollars, two and a half percent on the next four thousand dollars and one per cent on the balance of the gross value of all propertyof whatsoever nature administered.

Part: VA BANK ACCOUNTS AND BANK DEPOSIT BOXES KEPTBY DECEASED

21 of 2005 11/02/2006

(Part VA added 21 of 2005 s. 23)

Section: 60A Interpretation of Part VA 21 of 2005 11/02/2006

In this Part—

“authorization for removal” (取去物品授權書) means an Authorization for Removal from Bank Deposit Box

issued under section 60E(1) or (2);

“bank ” (銀行) has the same meaning as in the Banking Ordinance (Cap 155);

“certificate for inspection” (檢視證明書) means a Certificate for Necessity of Inspection of Bank Deposit Box

issued under section 60C(1);

“certificate for release of money” (支用款項證明書) means a Certificate for Necessity of Release of Money

issued under section 60B(1);“ jointly rented safe deposit box” (聯名租用保管箱) means a safe deposit box jointly kept at a bank in the names

of 2 or more persons;

“ jointly rented safe deposit box with survivorship arrangement” (有尚存安排聯名租用保管箱) means a jointly

rented safe deposit box kept pursuant to an agreement under the terms of which the access to the contents of thebox of any of the renters of the box is not affected by the death of any other renter of the box;

“solely rented safe deposit box” (單人租用保管箱) means a safe deposit box kept at a bank in the sole name of a

person;

“surviving renter” (尚存租用人), in relation to a jointly rented safe deposit box, means, where any renter in whose

name the box is kept dies, any surviving renter in whose name the box is kept.

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Section: 60B Certificate for releasing money from bank account of deceased L.N. 210 of 2005 12/02/2006

(1) The Secretary may—

(a) upon an application made—

(i) in respect of the estate of a deceased person who dies on or after 11 February 2006; and

(Amended L.N. 210 of 2005)(ii) in a manner specified by the Secretary;(b) upon being satisfied by the applicant that the deceased person maintained an account in his sole name

with a bank immediately before his death; and(c) upon such proof as he considers sufficient,

issue to the applicant a Certificate for Necessity of Release of Money in respect of the estate.

(2) An application made under subsection (1)(a) in respect of the estate of a deceased person—

(a) subject to paragraph (b), shall be made by a person who intends to apply for a grant in respect of theestate; and

(b) may, where it is made only for the purpose described in subsection (3)(a), be made by any person whoappears to the Secretary to be a fit and proper person to be the holder of the certificate applied for.

(3) A certificate for release of money issued in respect of the estate of a deceased person shall certify that the

Secretary is satisfied that the amount of money specified in the certificate is needed for any or both of the followingpurposes—

(a) meeting the funeral expenses of the deceased person;

(b) maintenance of any person who—

(i) was dependent on the deceased immediately before his death; and(ii) appears to the Secretary to have an interest in the estate of the deceased.

(4) If —

(a) the Secretary issues a certificate for release of money relating to a bank account in respect of the estateof the deceased person; and

(b) the holder of the certificate—

(i) presents the certificate to the bank concerned; and

(ii) produces sufficient proof of his identity to the bank,the presentation of the certificate shall be regarded as a request for withdrawal of the amount of money specified in itfrom the account duly made by the deceased person as if he were alive and the bank shall, subject to the conditionattached to the certificate under section 60G(1) (if any), make payment to the holder of the certificate accordingly.

Section: 60C Certificate for inspection of safe deposit box kept by deceased L.N. 210 of 2005 12/02/2006


(a) upon an application made in a manner specified by him;(b) upon being satisfied by the applicant that a deceased person who dies on or after 11 February 2006

kept— (Amended L.N. 210 of 2005)

(i) a solely rented safe deposit box; or(ii) a jointly rented safe deposit box,at a bank immediately before his death; and

(c) upon such proof as he considers sufficient,issue to the applicant a Certificate for Necessity of Inspection of Bank Deposit Box in respect of the estate of thedeceased.

(2) An application under subsection (1) may be made—

(a) by the executor or any one of the executors of the deceased concerned;(b) by a person who intends to apply for a grant in respect of the estate of the deceased concerned; or(c) where the safe deposit box concerned is a jointly rented safe deposit box, by any surviving renter.

Section: 60D Inspection of safe deposit box and inventory of contents 10 of 2008 09/05/2008

(1) If —

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(a) the Secretary issues a certificate for inspection relating to a safe deposit box in respect of the estate of the deceased; and

(b) the holder of the certificate—

(i) presents the certificate to the bank concerned; and(ii) produces sufficient proof of his identity to the bank,

the bank shall allow the holder of the certificate to inspect, subject to the condition attached to the certificate undersection 60G(1) (if any) and in the presence of such public officers as the Secretary may authorize and an employee of the bank, all items contained in the box only for any or both of the purposes prescribed in subsection (2).

(2) The prescribed purposes referred to in subsection (1) are—

(a) ascertaining whether there is any will of the deceased or similar instrument in the safe deposit box;(b) preparing an inventory under subsection (3).

(3) After a safe deposit box has been inspected pursuant to subsection (1) by the holder of a certificate for

inspection, the holder shall, where—

(a) the safe deposit box is a jointly rented safe deposit box of which he is a surviving renter;(b) no will of the deceased concerned or similar instrument is found in the safe deposit box;(c) a will of the deceased or similar instrument naming him as the executor or one of the executors of the

deceased concerned is found in the safe deposit box; or

(d) the Secretary includes in the certificate a statement that he has been satisfied by the holder that a willof the deceased or similar instrument has been found in the safe deposit box and that—

(i) the will or instrument is not valid; or(ii) no executor is named in the will or instrument or that the executor or all executors named in the

will or instrument—

(A) cannot be located;(B) refuse to act as executor;(C) have died; or(D) are otherwise not capable of acting as executor,

prepare, in the presence of the public officers and the employee of the bank, an inventory of the articles anddocuments contained in the safe deposit box.

(4) If —

(a) a will of the deceased concerned or similar instrument is found in a safe deposit box upon aninspection made pursuant to a certificate for inspection;

(b) (i) the holder of the certificate is not a surviving renter of the safe deposit box; and(ii) (A) the holder of the certificate is not the person or one of the persons named in the will or

instrument as the executor or executors of the deceased concerned; or(B) no executor is named in the will or instrument; and

(c) the certificate does not contain a statement of the Secretary referred to in subsection (3)(d),the employee of the bank shall immediately—

(d) make a copy of the will or instrument;(e) put the will or instrument back into the safe deposit box;(f) close or seal the box; and

(g) hand over the copy of the will or instrument to the public officers present.(5) A copy of a will or similar instrument made under subsection (4)(d ) shall be kept—

(a) by the Secretary for a period of 6 years after it is made; and

(b) either—

(i) in a legible form; or(ii) in a non-legible form capable of being reproduced in a legible form.

(6) Where—

(a) a will of the deceased concerned or similar instrument is found in a safe deposit box inspected pursuantto subsection (1); and

(b) the holder of the relevant certificate for inspection is named in the will or instrument as the executor orone of the executors of the deceased concerned,

the bank shall allow the holder of the certificate to, subject to the condition attached to the certificate under section60G(1) (if any), take possession of the will or instrument after placing a copy of it in the safe deposit box.

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(7) The truthfulness and correctness of an inventory prepared under subsection (3) shall be verified by—

(a) the public officers present at the inspection; and(b) the holder of the certificate for inspection who prepared the inventory,

by signing on the inventory.(8) A copy of an inventory prepared under subsection (3) shall be kept by the bank. Another copy shall be kept

by the Secretary.(9) A copy of an inventory kept under subsection (8) shall be kept—

(a) for a period of 6 years after the preparation of the inventory; and

(b) either—

(i) in a legible form; or(ii) in a non-legible form capable of being reproduced in a legible form.

(10) Where a copy of a will or similar instrument is kept by the Secretary under subsection (5), the Secretarymay—

(a) upon an application made in a manner specified by him;

(b) upon being satisfied that—

(i) the applicant intends to apply for a grant in respect of the estate of the deceased concerned; and(ii) the will or instrument is necessary for or relevant to the application for a grant; and

(c) upon payment of a fee specified by the Secretary,provide to the applicant a copy of the copy of the will or instrument kept by the Secretary.

(11) Where an inventory has been prepared under subsection (3) in respect of a safe deposit box, the Secretarymay—

(a) upon an application made in a manner specified by him;

(b) upon being satisfied that the applicant—

(i) has a legitimate interest in the estate of the deceased concerned; or(ii) (in the case of a jointly rented safe deposit box) is a surviving renter of the safe deposit box; and

(c) upon payment of a fee specified by the Secretary,provide to the applicant a copy of the copy of the inventory kept by him under subsection (8). (Amended 10 of 2008s. 64)

Section: 60E Authorization for removal 21 of 2005 11/02/2006

(1) Where an inventory has been prepared under section 60D(3) in respect of a safe deposit box, the Secretary

may—

(a) upon an application made—

(i) in a manner specified by him; and

(ii) by—

(A) the executor or any one of the executors of the deceased concerned;(B) a person who intends to apply for a grant in respect of the estate of the deceased concerned;

or

(C) (in the case of a jointly rented safe deposit box) a surviving renter of the safe deposit box;and(b) upon being satisfied that—

(i) a document (including a will or similar instrument) included in the inventory is necessary for orrelevant to an application under section 15 or 24(1) or an application for sealing of a probate orletters of administration under section 49; or

(ii) a document included in the inventory—

(A) belongs prima facie to a person other than the deceased who has an urgent need for thedocument; and

(B) the removal of the document from the safe deposit box will not prejudice the legitimateinterest of any person in the estate of the deceased,

issue to the applicant an Authorization for Removal from Bank Deposit Box specifying the document.

(2) Where an inventory has been prepared under section 60D(3) in respect of a jointly rented safe deposit boxwith survivorship arrangement, the Secretary may—

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(a) upon an application made in a manner specified by him by a surviving renter of the safe deposit box;(b) upon being satisfied by an affidavit by the applicant that any document or article included in the

inventory belongs to the applicant; and(c) (where the applicant is neither the executor nor one of the executors of the deceased concerned nor a

person who intends to apply for a grant in respect of the estate) upon production by the applicant of a

written consent of —

(i) the executor or one of the executors of the deceased concerned; or(ii) a person who intends to apply for a grant in respect of the estate of the deceased concerned,to the removal of the document or article from the safe deposit box,

issue to the applicant an Authorization for Removal from Bank Deposit Box specifying the document or article.(3) For the avoidance of doubt, an authorization for removal can be issued under both subsections (1) and (2).(4) If —

(a) the Secretary issues an authorization for removal in respect of a safe deposit box; and

(b) the holder of the authorization—

(i) presents the authorization to the bank concerned; and(ii) produces sufficient proof of his identity to the bank,

the bank shall, subject to subsection (5), allow the holder of the authorization to, subject to the condition attached to

the certificate under section 60G(1) (if any), take possession of the document or article specified in the authorization.(5) If a document specified in an authorization for removal is a will of the deceased concerned or similar

instrument, the bank shall only allow the holder of the authorization to take possession of it under subsection (4) afterplacing a copy of it in the safe deposit box.

Section: 60F Form of certificate and authorization 21 of 2005 11/02/2006

The form of —

(a) a certificate for release of money;(b) a certificate for inspection; or(c) an authorization for removal,

shall be specified by the Secretary.

Section: 60G Secretary may attach condition 21 of 2005 11/02/2006

(1) The Secretary may attach such condition as he thinks fit to—

(a) a certificate for release of money;(b) a certificate for inspection; or(c) an authorization for removal.

(2) The Secretary shall not attach a condition under subsection (1) if it may likely prejudice the legitimateinterest of any person in the estate concerned.

(3) A condition attached to a certificate shall be endorsed on the certificate.

Section: 60H Protection of bank staff and bank 21 of 2005 11/02/2006

As long as an employee of a bank through whom the bank performed its function under section 60B(4), 60D(1),(4) or (6) or 60E(4) has acted in good faith and has exercised due care, the employee and the bank shall not incur any

civil liability for—

(a) making payment to the holder of the certificate for release of money pursuant to section 60B(4);(b) allowing the holder of the certificate for inspection to inspect the safe deposit box under section

60D(1);(c) closing or sealing the safe deposit box under section 60D(4);(d) allowing the holder of the certificate for inspection to take possession of anything under section

60D(6); or(e) allowing the holder of the authorization for removal to take possession of anything under section

60E(4).

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Section: 60I Surviving renter’s right subject to this Ordinance in 12 monthsfollowing death of joint renter

21 of 2005 11/02/2006

(1) Notwithstanding anything in the contract between a surviving renter of a jointly rented safe deposit boxwith survivorship arrangement and the bank concerned for the renting of the safe deposit box, his right of access to thecontents of the safe deposit box under the contract shall—

(a) (where an inventory is prepared under section 60D(3) in respect of the safe deposit box during the 12months after the death of the deceased renter concerned) during the 12 months after the death of thedeceased renter concerned;

(b) (where no inventory is so prepared during the 12 months after the death of the deceased renterconcerned) before the preparation of such inventory,

only be exercisable subject to this Ordinance.(2) It shall be the obligation of the surviving renter to satisfy the bank as to the date of death of the deceased

renter concerned.

Part: VI ADMINISTRATION OF ASSETS L.N. 210 of 2005 12/02/2006

Section: 60J Prohibition against intermeddling of estate L.N. 210 of 2005 12/02/2006

(1) This section applies—

(a) in relation to the estate of any person who dies on or after 11 February 2006; and (Amended L.N. 210of 2005)

(b) to—

(i) any part of an estate; or(ii) any property,situated in Hong Kong when the deceased concerned dies.

(2) Any person who, without lawful authority or reasonable excuse, deals with—

(a) any part of the estate of a deceased person; or(b) any property held by the deceased in the capacity of a trustee or the manager of a Tso or Tong,

which is not set out in the schedule and additional schedule (if any)—

(c) exhibited under section 15A;(d) annexed to a grant made in respect of the estate; or(e) annexed to an instrument effecting the sealing of a grant in respect of the estate under section 49AA,

commits an offence.(3) Subject to section 60K(9), any person who, being neither the executor of a deceased person nor the person

entitled in priority to the administration of the estate of a deceased person, takes possession of or in any wayadministers—

(a) any part of the estate; or(b) any part of the income of any part of the estate,

without—

(c) lawful authority or reasonable excuse; or

(d) first filing an application in respect of the estate—

(i) to the Official Administrator for the exercise of his power under section 15;(ii) for a grant under section 24; or(iii) for sealing of a grant under section 49,supported by an affidavit exhibiting a schedule, or a corrective affidavit exhibiting an additionalschedule, setting out such part of the estate,

commits an offence.(4) If an employee of a bank through whom the bank performed its function under section 60B(4), 60D(1), (4)

or (6) or 60E(4) has acted in good faith and has exercised due care for that purpose, the employee and the bank shall,

for the purposes of determining whether he or it has committed an offence under subsection (2) or (3) by performingthat function, be regarded as having acted with lawful authority.

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(5) If —

(a) a bank acting through an employee of it allows a surviving renter of a jointly rented safe deposit boxwith survivorship arrangement to exercise, subject to section 60I, his right of access to the contents of the safe deposit box under the contract for the renting of the safe deposit box; and

(b) the employee has acted in good faith and has exercised due care for that purpose,the bank and the employee shall, for the purposes of determining whether it or he has committed an offence undersubsection (2) or (3) by allowing the exercise of that right, be regarded as having acted with lawful authority.

(6) Subject to section 60K(9), any executor of a deceased person or any person entitled in priority to the

administration of the estate of a deceased person who—

(a) takes possession of, or in any way administers, any part of the estate or the income of any part of theestate within the prescribed period commencing on the date on which the deceased dies; and

(b) fails to submit within the prescribed period an application in respect of the estate—

(i) to the Official Administrator for the exercise of his power under section 15;(ii) for a grant under section 24; or(iii) for sealing of a grant under section 49,supported by an affidavit exhibiting a schedule, or a corrective affidavit exhibiting an additionalschedule, setting out such part of the estate,

commits an offence.(7) Subject to section 60K(9), any executor of a deceased person or any person entitled in priority to the

administration of the estate of a deceased person who takes possession of, or in any way administers, any part of theestate or the income of any part of the estate after the expiry of the prescribed period commencing on the date onwhich the deceased dies without first submitting an application in respect of the estate—

(a) to the Official Administrator for the exercise of his power under section 15;(b) for a grant under section 24; or(c) for sealing of a grant under section 49,

supported by an affidavit exhibiting a schedule, or a corrective affidavit exhibiting an additional schedule, setting outsuch part of the estate commits an offence.

(8) In subsections (6) and (7),“prescribed period”—

(a) in a case in which—

(i) an application to the Official Administrator for the exercise of his power under section 15; or(ii) an application for a grant under section 24,is made, means 12 months;

(b) in a case in which an application for sealing of a grant under section 49 is made, means 18 months.(9) A person who commits an offence under subsection (2), (3), (6) or (7) shall be liable on conviction to—

(a) a fine at level 3; and(b) an additional penalty equal to the value of —

(i) the relevant part of the relevant estate; or(ii) the relevant part of the income of the relevant part of the relevant estate,as the case may be.

(Added 21 of 2005 s. 24)

Section: 60K Exemption from section 60J for estate not exceeding $50000 L.N. 210 of 2005 12/02/2006

(1) This section applies to—

(a) any deceased person who dies on or after 11 February 2006; and (Amended L.N. 210 of 2005)(b) any property situated in Hong Kong when the deceased concerned dies.


(a) upon an application by the executor of a deceased person or the person entitled in priority to administerthe estate; and

(b) upon being satisfied by an affidavit of the applicant that—

(i) all properties beneficially owned by the deceased as at the date of his death are money not

exceeding $50000 in aggregate; and(ii) the deceased did not hold any property as trustee or as the manager of a Tso or Tong as at the

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date of his death,issue to the applicant a confirmation notice in respect of the estate.

(3) An affidavit under subsection (2) shall—

(a) exhibit a schedule in duplicate setting out all properties beneficially owned by the deceased as at thedate of his death; and

(b) verify the truthfulness and correctness of it and of the schedule exhibited by it to the best of theknowledge, information and belief of the person by whom it is sworn.

(4) Where a confirmation notice is issued upon an application supported by an affidavit, a duplicate of theschedule exhibited by the affidavit under subsection (3) shall be attached to the confirmation notice.

(5) Where—

(a) a confirmation notice is issued under subsection (2) in respect of the estate of a deceased person; and(b) the applicant for the confirmation notice is subsequently—

(i) aware of any property beneficially owned by the deceased as at the date of his death which hasnot been disclosed in the schedule exhibited to the affidavit concerned;

(ii) aware that the deceased held any property as trustee or as the manager of a Tso or Tong as at thedate of his death; or

(iii) aware of any inaccuracy in the schedule attached to the confirmation notice,

the applicant shall, as soon as practicable, give a written notice of the fact to the Secretary.(6) If, at any time after issuing a confirmation notice under subsection (2), the Secretary is satisfied on

reasonable ground (whether upon a notice given under subsection (5)) that—

(a) the estate of the deceased concerned is not wholly made up of money not exceeding $50000beneficially owned by the deceased as at the date of his death;

(b) the deceased held any property as trustee or as the manager of a Tso or Tong as at the date of his death;or

(c) there is any material inaccuracy in—

(i) the affidavit filed in respect of the confirmation notice; or(ii) the schedule exhibited by such affidavit,

the Secretary may, by notifying the holder of the confirmation notice in writing, cancel the confirmation notice.

(7) Where the Secretary cancels a confirmation notice under subsection (6), the holder of the notice shallsurrender it to the Secretary as soon as practicable.(8) A person who contravenes subsection (7) commits an offence and shall be liable on conviction to a fine at

level 1.(9) Where a confirmation notice issued under subsection (2) is in force, section 60J(3), (6) and (7) shall not

apply to—

(a) the taking possession or administration by the holder of the notice of any property which is set out inthe schedule exhibited by the affidavit to which the confirmation notice relates; and

(b) any act incidental to such taking possession or administration of property.(10) An application, affidavit, schedule or notice under this section shall be in such form as the Secretary may

determine.(Added 21 of 2005 s. 24)

Section: 61 Property of deceased is asset for payment of debts 30/06/1997

(1) (a) The property of a deceased person, to the extent of his beneficial interest therein, and the property of which a deceased person in pursuance of any general power disposes by his will, are assets forpayment of his debts and liabilities, and any disposition by will inconsistent with this Ordinance isvoid as against the creditors; and the court shall, if necessary, administer the property for the purposeof the payment of debts and liabilities.

(b) This subsection takes effect without prejudice to the rights of incumbrancers.(2) If any person to whom any such beneficial interest devolves or is given, or in whom any such interest vests,

disposes thereof in good faith before an action is brought or process is sued out against him, he shall be personallyliable for the value of the interest so disposed of by him, but that interest shall not be liable to be taken in execution in

the action or under the process.[cf. 1925 c. 23 s. 32 U.K.]

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Section: 62 Duties of representatives 30/06/1997

(1) On the death of a person intestate as to any property, such property shall be held by his personalrepresentatives-

(a) as to the immovable property upon trust, subject to section 54, to sell the same; and(b) as to the movable property upon trust to call in, sell and convert into money such part thereof as may

not consist of money,with power to postpone such sale and conversion for such a period as the personal representatives, without being liableto account, may think proper, and so that any reversionary interest be not sold until it falls into possession unless thepersonal representatives see special reason for sale.

(2) Out of the net money to arise from the sale and conversion of such movable and immovable property (afterpayment of costs), and out of the ready money of the deceased (so far as not disposed of by his will, if any), thepersonal representatives shall pay all such funeral, testamentary and administration expenses, debts and otherliabilities as are properly payable thereout, and out of the residue of the said money the personal representatives shallset aside a fund sufficient to provide for any pecuniary legacies bequeathed by the will (if any) of the deceased.

(3) During the minority of any beneficiary or the subsistence of any life interest, and pending the distribution of

the whole or any part of the estate of the deceased, the personal representatives may invest the residue of the saidmoney, or so much thereof as may not have been distributed, in any investments for the time being authorized by anyOrdinance for the investment of trust money, with power, at the discretion of the personal representatives, to changesuch investments for others of a like nature.

(4) The income (including net rents and profits of immovable property after payments of rates, taxes, rent, costsof insurances, repairs and other outgoings properly attributable to income) of so much of the movable and immovableproperty of the deceased as may not be disposed of by his will, if any, or may not be required for the administrationpurposes aforesaid, may, however such estate is invested, as from the death of the deceased, be treated and applied asincome, and for that purpose any necessary apportionment may be made between tenant for life and remainderman.

(5) Nothing in this section affects the rights of any creditor of the deceased or the rights of the Government inrespect of estate duty.

(6) Where the deceased leaves a will, this section has effect subject to the provisions contained in the will.

[cf. 1925 c. 23 s. 33 U.K.]

Section: 63 Administration of assets 67 of 1999 05/11/1999

(1) Where the estate of a deceased person is insolvent his estate shall be administered in accordance with therules set out in Part I of Schedule 1.

(2) (a) The right of retainer of a personal representative and his right to prefer creditors may be exercised inrespect of all assets of the deceased but the right of retainer shall only apply to debts owing to thepersonal representative in his own right whether solely or jointly with another person.

(b) Subject as aforesaid, nothing in this Ordinance affects the right of retainer of a personal representativeor his right to prefer creditors.

(3) Where the estate of a deceased person is solvent his estate shall, subject to rules of court and the provisionshereinafter contained as to charges on property of the deceased, and to the provisions, if any, contained in his will, beapplicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities payablethereout in the order mentioned in Part II of Schedule 1.

(Amended 67 of 1999 s. 3)[cf. 1925 c. 23 s. 34 U.K.]

Section: 64 Charges to be paid primarily out of the property charged 30/06/1997

(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his willdisposes of an interest in property which at the time of his death is charged with the payment of money, whether byway of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased

has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, asbetween the different persons claiming through the deceased, be primarily liable for the payment of the charge; andevery part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.

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(2) Such contrary or other intention shall not be deemed to be signified-(a) by a general direction for the payment of debts or of all the debts of the testator out of his movable

property or of his residuary estate; or(b) by a charge of debts upon any such estate,

unless such intention is further signified by words expressly or by necessary implication referring to all or some partof the charge.

(3) Nothing in this section affects the right of a person entitled to the charge to obtain payment or satisfactionthereof either out of the other assets of the deceased or otherwise.

[cf. 1925 c. 23 s. 35 U.K.]

Section: 65 Contracts by personal representative 30/06/1997

(1) Subject to the provisions of section 54 every contract entered into by a personal representative in the dueadministration of an estate shall be binding on and be enforceable against and by any other personal representative forthe time being of the deceased, and may be carried into effect or be varied or rescinded by any other such personalrepresentative as if it had been entered into by himself.

(2) Nothing in this section shall affect the right of any person to require an assent, transfer or conveyance to be

made.(3) This section applies whether the testator or intestate died before or after the commencement of thisOrdinance.

Section: 66 Assent or conveyance by personal representative 30/06/1997

(1) A personal representative may assent to the vesting in any person who (whether by devise, bequest,devolution, appropriation or otherwise) may be entitled thereto, either beneficially or as a trustee or personalrepresentative, of any immovable property to which the testator or intestate was entitled or over which he exercised ageneral power of appointment by his will and which devolved upon the personal representative.

(2) The assent shall operate to vest in that person the estate to which the assent relates, and unless a contraryintention appears, the assent shall relate back to the death of the deceased.

(3) An assent to the vesting of a legal estate shall be in writing, signed by the personal representative, and shallname the person in whose favour it is given, and shall operate to vest in that person the legal estate to which it relates;and an assent not in writing or not in favour of a named person shall not be effectual to pass the legal estate.

(4) A conveyance of a legal estate by a personal representative to a purchaser shall not be invalidated by reasononly that the purchaser may have notice that all debts, liabilities, funeral and testamentary or administration expenses,duties, and legacies of the deceased have been discharged or provided for.

(5) An assent or conveyance given or made by a personal representative shall not, except in favour of apurchaser of a legal estate, prejudice the right of a personal representative or any other person to recover the estate towhich the assent or conveyance relates, or to be indemnified out of such estate against any duties, debts or liability towhich such estate would have been subject if there had not been any assent or conveyance.

(6) A personal representative may, as a condition of giving an assent or making a conveyance, require securityfor the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assentmerely by reason of the subsistence of any such duties, debt or liability, if reasonable arrangements have been madefor the discharging of the same, and an assent may be given subject to any legal estate or charge by way of legalmortgage.

(7) This section applies to assents and conveyances made after the commencement of this Ordinance, whetherthe testator or intestate died before or after such commencement.

[cf. 1925 c. 23 s. 36 U.K.]

Section: 67 Right to follow property and powers of the court in relationthereto

30/06/1997

(1) An assent, transfer or conveyance by a personal representative to a person other than a purchaser does not

prejudice the rights of any person to follow the property to which the assent, transfer or conveyance relates, or anyproperty representing the same, into the hands of the person in whom it is vested by the assent, transfer or conveyance,nor of any other person (not being a purchaser) who may have received the same or in whom it may be vested.

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(2) Notwithstanding any such assent, transfer or conveyance the court may, on the application of any creditoror other person interested-

(a) order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried outwhich the court considers requisite for the purpose of giving effect to the rights of the personsinterested;

(b) declare that the person, not being a purchaser, in whom the property is vested is a trustee for thosepurposes;

(c) give directions respecting the preparation and execution of any conveyance or other instrument, or asto any other matter required for giving effect to the order;

(d) make any vesting order or appoint a person to convey in accordance with provisions of the TrusteeOrdinance (Cap 29).

(3) This section does not prejudice the rights of a purchaser or a person deriving title under him, but applieswhether the testator or intestate died before or after the commencement of this Ordinance.

[cf. 1925 c. 23 s. 38 U.K.]

Section: 68 Powers of personal representative as to appropriation 30/06/1997

(1) The personal representative may appropriate any part of the movable or immovable property, includingthings in action of the deceased in the actual condition or state of investment thereof at the time of appropriation in ortowards satisfaction of any legacy bequeathed by the deceased, or of any other interest or share in his property,whether settled or not, as to the personal representative may seem just and reasonable, according to the respectiverights of the persons interested in the property of the deceased.

(2) Notwithstanding the provisions of subsection (1)-(a) an appropriation shall not be made under this section so as to affect prejudicially any specific devise or

bequest;(b) an appropriation of property, whether or not being an investment authorized by law or by the will, if

any, of the deceased for the investment of money subject to the trust, shall not (save as hereinaftermentioned) be made under this section except with the following consents-(i) when made for the benefit of a person absolutely and beneficially entitled to possession, the

consent of that person;(ii) when made in respect of any settled legacy, share or interest, the consent of either the trustee

thereof, if any (not being also the personal representative) or the person who may for the timebeing be entitled to the income,

and if the person whose consent is so required as aforesaid is a minor or a mentally disordered person,the consent shall be given on his behalf by his parents or parent, testamentary or other guardian,committee or receiver, or if, in the case of a minor, there is no such parent or guardian, by the court onthe application of his next friend;

(c) no consent (save of such trustee as aforesaid) shall be required on behalf of a person who may comeinto existence after the time of appropriation, or who cannot be found or ascertained at that time;

(d) if no committee or receiver of a mentally disordered person has been appointed, then, if theappropriation is of an investment authorized by law or by the will, if any, of the deceased for the

investment of money subject to the trust, no consent shall be required on behalf of the mentallydisordered person;

(e) if, independently of the personal representative, there is no trustee of a settled legacy, share or interest,and no person of full age and capacity entitled to the income thereof, no consent shall be required to anappropriation in respect of such legacy, share or interest so long as the appropriation is of aninvestment authorized as aforesaid.

(3) Any property duly appropriated under the powers conferred by this section shall thereafter be treated as anauthorized investment, and may be retained or dealt with accordingly.

(4) For the purposes of such appropriation, the personal representative may ascertain and fix the value of therespective parts of the movable and immovable property and the liabilities of the deceased as he may think fit, andshall for that purpose employ a duly qualified valuer in any case where such employment may be necessary, and maymake any transfer or conveyance (including an assent) which may be requisite for giving effect to the appropriation.

(5) An appropriation made pursuant to this section shall bind all persons interested in the property of thedeceased whose consent is not hereby made requisite.

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(6) The personal representative shall, in making the appropriation, have regard to the rights of any person whomay thereafter come into existence, or who cannot be found or ascertained at the time of appropriation, and of anyother person whose consent is not required by this section.

(7) This section does not prejudice any other power of appropriation conferred by law or by the will (if any) of the deceased, and takes effect with any extended powers conferred by the will (if any) of the deceased, and where anappropriation is made under this section in respect of a settled legacy, share or interest, the property appropriated shallremain subject to all trusts for sale and powers of leasing, disposition and management, or varying investments, whichwould have been applicable thereto or to the legacy, share or interest in respect of which the appropriation is made, if no such appropriation had been made.

(8) If after any immovable property has been appropriated in purported exercise of the powers conferred by thissection, the person to whom it was transferred or conveyed disposes of it or any interest therein, then, in favour of apurchaser, the appropriation shall be deemed to have been made in accordance with the requirements of this sectionand after all requisite consents, if any, had been given.

(9) In this section, a settled legacy, share or interest includes any legacy, share or interest to which a person is

not absolutely entitled in possession at the date of the appropriation, also an annuity, and "Purchaser" (買家) means a

purchaser for money or money's worth.(10) This section applies whether the deceased died intestate or not, and whether before or after the

commencement of this Ordinance, and extends to property over which a testator exercises a general power of appointment, and authorizes the setting apart of a fund to answer an annuity by means of the income of that fund orotherwise, but is subject to the provisions of section 54.

[cf. 1925 c. 23 s. 41 U.K.]

Section: 69 Power to appoint trustees of infant's property 30/06/1997

(1) Where an infant is absolutely entitled under the will or on the intestacy of a person dying before or after thecommencement of this Ordinance (in this subsection called "the deceased") to a devise or legacy, or to the residue of the estate of the deceased, or any share therein, and such devise, legacy, residue or share is not under the will, if any,of the deceased, devised or bequeathed to trustees for the infant, the personal representatives of the deceased mayappoint a trust corporation or two or more individuals not exceeding four (whether or not including the personal

representatives or one or more of the personal representatives), to be the trustees of such devise, legacy, residue orshare for the infant, and may, subject to the provisions of section 54, execute or do any assurance or thing requisite forvesting such devise, legacy, residue or share in the trustee or trustees so appointed; and on such appointment thepersonal representatives, as such, shall be discharged from all further liability in respect of such devise, legacy, residueor share, and the same may be retained in its existing condition or state of investment, or may be converted intomoney, and such money may be invested in any authorized investment.

(2) Where a personal representative has before the commencement of this Ordinance retained or sold any suchdevise, legacy, residue or share, and invested the same or the proceeds thereof in any investments in which he wasauthorized to invest money subject to the trust, then, subject to any order of the court made before suchcommencement, he shall not be deemed to have incurred any liability on that account, or by reason of not having paidor transferred the money or property into court.

[cf. 1925 c. 23 s. 42 U.K.]

Section: 70 Powers of personal representative as to giving possession of land and powers of the court

30/06/1997

(1) A personal representative, before giving an assent or making a conveyance in favour of any person entitled,may permit that person to take possession of the land, and such possession shall not prejudicially affect the right of thepersonal representative to take or resume possession, nor his power to convey the land as if he were in possessionthereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the land.

(2) Any person who, as against the personal representative, claims possession of immovable property, or theappointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to beregistered as proprietor thereof, may apply to the court for directions with reference thereto, and the court may make

such vesting or other order as may be deemed proper, and the provisions of the Trustee Ordinance (Cap 29), relatingto vesting orders and to the appointment of a person to transfer or convey, shall apply.

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(3) This section applies whether the testator or intestate dies before or after the commencement of thisOrdinance.

[cf. 1925 c. 23 s. 43 U.K.]

Section: 71 Power to postpone distribution 30/06/1997

Subject to the provisions of this Ordinance, a personal representative is not bound to distribute the estate of thedeceased before the expiration of one year from the death.

[cf. 1925 c. 23 s. 44 U.K.]

Part: VII MISCELLANEOUS 30/06/1997

Section: 72 Probate rules and orders 30/06/1997

(1) The Chief Justice may make rules and orders (in this Ordinance referred to as probate rules and orders), forregulating the practice and procedure of the court and the Registry with respect to non-contentious or common form

probate business and generally for the better carrying out of the provisions of this Ordinance.(1A) Without prejudice to the generality of subsection (1), the Chief Justice may make rules-

(a) regulating the payment or crediting of interest on any money placed in any account operated by theOfficial Administrator for the purpose of administering any estate;

(b) determining the smallest amount of money placed in such an account in respect of which interest is tobe credited;

(c) determining the time at which money placed in such an account is to begin and to cease to bear interestand the mode of computing such interest; and

(d) determining the rate of interest to be credited to moneys placed in such an account. (Added 72 of 1978s. 3)

(2) In all such business in respect of which no provision is made by probate rules and orders, the practice andprocedure for the time being in force in the Probate Registry in England shall be deemed to be in force in the court and

the Registry.[cf. 1925 c. 49 s. 100 U.K.]

Section: 73 Depositing and inspection of wills 30/06/1997

All original wills and other documents which are under the control of the court in the Registry shall be depositedand preserved in such places as the Chief Justice may direct, and any wills or other documents so deposited shall,subject to the control of the court and the provisions of probate rules and orders, be open to inspection.

[cf. 1925 c. 49 s. 170 U.K.]

Section: 74 Copy of will, etc. 30/06/1997

An official copy of the whole or any part of a will, or an official certificate of the grant of an administration, maybe obtained from the Registry on the payment of such fees as may be fixed for the same by probate rules and orders.

[cf. 1925 c. 49 s. 171 U.K.]

Section: 75 Saving 30/06/1997

(1) Nothing in this Ordinance shall be taken to affect the application of the provisions of-(a) (Repealed 57 of 1995 s. 13)(b) the Administration of Estates by Consular Officers Ordinance (Cap 191); or(c) section 42 of the Police Force Ordinance (Cap 232).

(2) The said provisions shall continue to apply to the same extent and with the same effect as if this Ordinance

had not been enacted.(3) (Repealed 57 of 1995 s. 13)

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Schedule: 1 21 of 2005 11/02/2006

SCHEDULE 1 [section 63](Amended 67 of 1999 s. 3)

PART I

Rules as to payment of debts where estate is insolvent

1. Subject to the provisions of section 14, the funeral, testamentary, and administration expenses have priority.

2. Subject as aforesaid, the same rules shall prevail and be observed as to the respective rights of secured andunsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future andcontingent liabilities respectively, and as to the priorities of debts and liabilities, as may be in force for the time beingunder the law of bankruptcy with respect to the assets of persons adjudged bankrupt.

PART II

Order of application of assets where the estate is solvent

1. Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet anypecuniary legacies.

2. Property of the deceased not specifically devised or bequeathed but included (either by a specific or generaldescription) in a residuary gift, subject to the retention out of such property of a fund sufficient to meet any pecuniarylegacies, so far as not provided for as aforesaid.

3. Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or generaldescription) for the payment of debts.

4. Property of the deceased charged with, or devised or bequeathed (either by a specific or general description)subject to a charge for the payment of debts.

5. The fund, if any, retained to meet pecuniary legacies.

6. Property specifically devised or bequeathed, rateably according to value.

7. Property appointed by will under a general power, rateably according to value.

8. The following provisions shall also apply-(a) the order of application may be varied by the will of the deceased;(b) this Part of this Schedule does not affect the liability of immovable property to answer the estate duty

(if any) imposed thereon in exoneration of other assets. (Amended 21 of 2005 s. 31)

Schedule: 2 DESIGNATED COUNTRY OR PLACE L.N. 52 of 2003 28/02/2003

[sections 48 & 49A]

The Australian States of Tasmania, Victoria and South Australia and the Northern Territory of Australia (ReplacedL.N. 98 of 2000)

New Zealand (Added L.N. 52 of 2003)SingaporeSri Lanka

8/2/2019 CAP_10_e_b5


United Kingdom

(Schedule 2 added 67 of 1999 s. 3)

CAP_10_e_b5

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