Cap. 10 - Probate and Administration Ordinance

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](Format changes—E.R. 5 of 2020) 1. Short title This Ordinance may be cited as the Probate and Administration Ordinance. 2. Interpretation 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. 1925 c. 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 all business of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action, and also 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 and Youth Affairs; (Added 21 of 2005 s. 22. Amended L.N. 144 of 2022) trust corporation (信託法團) means— (a) (Repealed 25 of 1998 s. 2) (b) a corporation appointed by the court in any particular case to be a trustee (if authorized by its constitution to act as trustee); and (c) any trust company registered under Part 8 of the Trustee Ordinance (Cap. 29); (Amended E.R. 2 of 2014) 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 3. Jurisdiction of the court in probate and administration (1) The court shall have jurisdiction in all matters relating to probate and administration of deceased’s estates, with power to grant probates of wills and letters of administration to the estates of deceased persons and to alter or revoke such grants. (Amended E.R. 5 of 2020)(2) The court shall have jurisdiction to make a grant of probate or administration in respect of a deceased person 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 a scheme 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) 4. Sealing of documents All probates, letters of administration, orders and other instruments, and copies thereof and all exemplifications and copies thereof, shall be sealed with the seal of the court; and any such document purporting to be so sealed shall be received in evidence in any proceedings without further proof thereof.[cf. 1925 c. 49 s. 174(2) U.K.] 5. Registrar may exercise jurisdiction in certain cases (1) Subject to section 6, a grant of probate or administration may be made, amended or resealed by the Registrar 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 as are 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 section 6, grant (授予書) means a grant, or the resealing of a grant, of probate or administration or any amendment thereof. (Amended E.R. 5 of 2020) 6. Restrictions upon exercise of jurisdiction by Registrar (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 (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 it back to the Registrar with such directions as he thinks fit. 7. Power of ordering production of testamentary writings (1) The court may, on motion or petition or otherwise, in a summary way, whether any proceedings are or are not pending in the court with respect to any probate or administration, order any person to produce and bring into the Registry, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary which may be 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, but it appears that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the court may direct such person to attend for the purpose of being examined in open court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not attending 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 any person to produce and bring into the Registry any paper or writing being or purporting to be testamentary, which may be shown to be in the possession, within the power, or under the control of such person; and such person, upon being duly served with the said subpoena, shall be bound to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default as if he had been a party to proceedings in the court, and had been ordered 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.] 8. Summons of executor to prove or renounce 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 justice of the case requires.(Amended 21 of 2024 s. 62)[cf. 1925 c. 49 s. 159 U.K.] 8A. Registrar may require information The Registrar may—(a) require any applicant for a grant to provide any information relating to the estate concerned, including but not limited to the value of the estate, which appears to the Registrar to be necessary for the purposes 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 9. Registrar to be Official Administrator (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 or other formality; but the court may in any case order that an application be renewed in a formal manner, and that such 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 Official Administrator may be exercised by a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court. (Amended 10 of 2005 s. 171; E.R. 5 of 2020) 10. Vesting of estate of deceased person in Official Administrator Where any person dies, whether in Hong Kong or elsewhere, leaving estate in Hong Kong in respect of which he dies intestate, such estate shall vest in the Official Administrator who may, if he thinks fit, receive and take possession of the same until administration is granted in respect thereof. 11. Re-vesting of property on vacation of office All property vested in the Official Administrator for the time being by virtue of any grant of administration made to him or any predecessor in office or otherwise shall, on his vacating or otherwise ceasing to hold the office, be deemed to be vested in his successor without any further transfer or conveyance. 12. Interim possession of property and deaths of foreign nationals (1) The Official Administrator may, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, take possession of the movable property of a deceased person which may be found within Hong Kong, and provide for the safe custody thereof until probate of the will of such deceased person or administration 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 Consular Conventions Ordinance (Cap. 267) applies, the Official Administrator shall, as soon as conveniently may be after the fact of such death has come to his knowledge, inform the nearest consular officer of the State of the same. (Amended 67 of 1999 s. 3)(3) (Repealed 67 of 1999 s. 3) 13. Unlawfully removing property of deceased from Hong Kong 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 at level 1 and to imprisonment for 6 months.(Amended E.R. 5 of 2020) 14. Lien on property of deceased person for expenses incurred under section 12 The Official Administrator shall have a lien upon all property mentioned in section 12 for the reasonable expenses incurred by him in carrying out the provisions of that section, and such expenses shall also constitute the first charge on the estate of the deceased person, before the payment of debts having priority. 15. Summary administration of estates not exceeding $150,000 (1) The Official Administrator may, where the whole of an estate does not, in his opinion, exceed $150,000 in value, without any legal formality, get in and administer the same in a summary manner, for the benefit of the persons he 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 5 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; E.R. 5 of 2020) 15A. Affidavit concerning assets and liabilities of estate relating to summary administration (1) In this section—(a) assets (資產) means assets in the form of real property or personal property situated in Hong Kong; (Amended E.R. 5 of 2020)(b) liabilities (負債), in relation to a deceased person, means— (Amended E.R. 5 of 2020)(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 the applicant 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 the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the manager 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, 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 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 schedule exhibited under this subsection; and(b) (where applicable) the assets and liabilities of the deceased as at the date of his death known to the applicant 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 and correctness 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 in a form specified by the Registrar by general notice published in the Gazette.(Added 21 of 2005 s. 26) 16. Cases in which Official Administrator is entitled to administration (1) On application made by the Official Administrator, the court shall, unless it sees good reason to the contrary, 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 Hong Kong 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 Hong Kong and the next of kin of such person who is resident in Hong Kong files in the Registry a request for 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 Hong Kong and no person has, within 12 months after the death of such person, obtained administration of his estate; and (Amended E.R. 5 of 2020)(d) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and the next of kin is resident in Hong Kong and is an infant.(2) The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in Hong Kong or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act. 17. Saving as to estates of certain persons (1) Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act. (Amended 2 of 2012 s. 3)(2) Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in the Chinese People’s Liberation Army for the administration of whose estate provision is made by any law of the Mainland. (Added 2 of 2012 s. 3)(3) In this section, Mainland (內地) means any part of China other than Hong Kong, Macau and Taiwan. (Added 2 of 2012 s. 3) 18. Power of limiting grant Any grant made to the Official Administrator under this Ordinance may be limited in such manner as the court may direct. 19. Commission on moneys received A commission at the rate of five per cent on the first $1,000, two and one half per cent on the next $4,000 and one per cent on the balance, or such lower rate or rates as the court may approve on the application of the Official Administrator in the case of any particular estate, shall be chargeable on the gross value of all property of whatsoever nature received or taken possession of, or realized or otherwise dealt with, by the Official Administrator under this Ordinance.(Amended E.R. 5 of 2020) 20. Keeping of books of account (1) The Official Administrator shall keep a general register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or may be prescribed.(2) He shall enter in books, to be kept by him for that purpose, separate and distinct accounts of each estate and of all property of every description which may come to his hands, and also of all payments made by him on account of each estate, specifying the dates of such receipts and payments respectively.(3) Each book shall be kept in the Registry and shall be open during office hours for the inspection of any person who has occasion to inspect the same, on payment of the prescribed fee. 21. Copies of documents and accounts (1) The Official Administrator shall give to any person who applies for the same copies of all documents and accounts in his possession relating to any estate under his administration or to any property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.(2) If any such copy is refused, the applicant may petition the court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the court so directs. 22. Redress against Official Administrator No action shall be brought against the Official Administrator for anything done bona fide by him in the execution or the intended execution of any power vested in him by this Ordinance or for anything done by him in the exercise of his office as administrator under any grant of letters of administration made to him under this Ordinance, but any person who feels aggrieved thereby may apply for redress to the court by summary petition, verified upon oath, and the court may thereupon take such evidence and may make such order in relation to the matter as it thinks fit. 23. Effect of grant to Official Administrator A grant of administration to the Official Administrator, whether the name of the officer holding the appointment at the time of the grant is or is not mentioned therein, shall be deemed to have been made to him and his successors in office. 23A. Payment into Government account of unclaimed balance of intestate’s estate (1) If the Official Administrator has been granted administration of an estate and a balance of such estate remains unclaimed in his hands, he shall pay that balance into the Treasury or into the account of the Government at such bank as the Director of Accounting Services may direct. (Amended 70 of 1972 s. 2; L.N. 16 of 1977; L.N. 453 of 1993)(2) (Repealed 70 of 1972 s. 2)(Added 71 of 1971 s. 3) 23B. Advertisements as to unclaimed balance of intestate’s estate (1) If the Official Administrator has been granted administration of an estate and—(a) a balance of such estate exceeding $500 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 70 of 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 5 years from the first publication of the advertisement in Hong Kong the balance from the estate will be transferred to the general revenue.(3) If at the expiration of a period of 5 years from the date of the first publication of an advertisement under subsection (2), the Official Administrator is of the opinion that no claim can reasonably be expected against the estate he may transfer the balance of the estate to the general revenue.(Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3; E.R. 5 of 2020) 23C. Transfer of unclaimed balance not exceeding $500 (Amended E.R. 5 of 2020)The Official Administrator may, at any time, transfer the balance of any estate not exceeding $500 remaining undistributed to the general revenue.(Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3; E.R. 5 of 2020) 23D. Disposal of surplus interest The Official Administrator shall on or after 31 March in each year transfer to the general revenue any interest paid on or accumulated in any account operated by him for the purpose of administering any estate, if such interest is not 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. 24. Application for grants (1) An application for the grant or revocation of probate or letters of administration shall be made through the Registry.(2) No application under subsection (1) shall be submitted in the form of a petition.[cf. 1925 c. 49 s. 150 U.K.] 24A. Affidavit concerning assets and liabilities of estate (1) In this section—(a) assets (資產) means assets in the form of real property or personal property situated in Hong Kong; (Amended E.R. 5 of 2020)(b) liabilities (負債), in relation to a deceased person, means— (Amended E.R. 5 of 2020)(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 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 the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the manager 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—(a) the details of the inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under this subsection; and(b) (where applicable) the assets and liabilities of the deceased as at the date of his death known to the applicant that should have been set out in that schedule but are not so set 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 deceased constituting that part of the estate.(11) Where a grant is delivered to the Registry under subsection (8)(b), the court may—(a) amend the grant appropriately (if necessary); and(b) return the grant to the executor or administrator with the duplicate additional schedule filed under subsection (8)(a)(ii) annexed to the grant without removing any duplicate schedule or duplicate additional schedule previously annexed to the grant.(12) Notwithstanding subsections (6) and (10), the court or the Registrar may require an applicant for a grant or an executor or administrator to file an affidavit exhibiting a schedule setting out all of the assets and liabilities of a deceased person as at the date of his death known to the applicant, executor or administrator despite the grant covers or is to cover 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 an additional schedule exhibited under this section.(14) An affidavit or corrective affidavit referred to in subsection (2), (4), (8) or (12) shall verify the truthfulness and correctness 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.(15) An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be in a form specified by the Registrar by general notice published in the Gazette.(Added 21 of 2005 s. 27) 24B. Registrar to provide the Commissioner of Inland Revenue with information in application for grant Within 1 month of the receipt of an application made under section 24 in respect of the estate of a person who dies on or after 11 February 2006, the Registrar shall provide the Commissioner of Inland Revenue with such information supplied by the applicant for the purposes of the application as the Commissioner may require for the purposes of the Inland Revenue Ordinance (Cap. 112).(Added 21 of 2005 s. 20. Amended L.N. 210 of 2005) 25. Number of personal representatives (1) Probate or administration shall not be granted to more than four persons in respect of the same property, and administration shall, if there is a minority or if a life interest arises under the will or intestacy, be granted either to a trust corporation, with or without an individual, or to not less than two individuals: Provided that the court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, in accordance with probate rules and orders. (2) If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the original personal representative in accordance with probate rules and orders.(3) This section applies to grants of representation made after the commencement* of this Ordinance whether the testator or intestate died before or after such commencement.[cf. 1925 c. 49 s. 160 U.K.] Editorial Note: * Commencement date: 7 October 1971. 26. Grant of representation to a trust corporation (1) The court may—(a) where a trust corporation is named in a will as executor, whether alone or jointly with another person, grant probate to the corporation either solely or jointly with another person, as the case may require; and(b) grant administration to a trust corporation either solely or jointly with another person,and the corporation may act accordingly as executor or administrator, as the case may be.(2) Probate or administration shall not be granted to a syndic or nominee on behalf of a trust corporation.(3) Any officer authorized for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorized shall be binding on the corporation.(4) This section shall apply whether the testator or intestate died before or after the commencement* of this Ordinance.[cf. 1925 c. 49 s. 161 U.K.] Editorial Note: * Commencement date: 7 October 1971. 27. Right of proving executors to exercise powers (1) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are by law conferred on the personal representative may be exercised by the proving executor or executors for the time being and shall be as effectual as if all the persons named 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.] Editorial Note: * Commencement date: 7 October 1971. 28. Cesser of right of executor to prove 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 the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.[cf. 1925 c. 23 s. 5 U.K.] 29. Express renunciation of right to probate (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 or by any person before whom an affidavit may be sworn. 30. Constructive renunciation (1) Any person having or claiming any interest in the estate of a deceased person may cause to be issued a citation directed to the executors appointed by the deceased’s will calling upon them to accept or renounce their executorship.(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 for probate, or having applied has failed to prosecute his application with reasonable diligence, the person so citing may apply 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. 31. Retraction of renunciation 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 the estate or persons interested therein. 32. Withdrawal of renunciation (1) Where an executor who has renounced probate has been permitted, whether before or after the commencement* of this Ordinance, to withdraw the renunciation and prove the will, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of 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.] Editorial Note: * Commencement date: 7 October 1971. 33. Revocation of grants and removal of executors (1) Where it appears to the court that a probate or administration either ought not to have been granted or contains an error, the court may call in the probate or administration and if satisfied that it would be revoked at the instance 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 be called in.(3) The court may, if satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, suspend or remove an executor or administrator (other than the Official Administrator) and provide for the succession of another person in place of such executor or administrator and for the vesting in that other person of any property belonging to the estate.[cf. 1956 c. 46 s. 17 U.K.] 34. Executor of executor represents original testator (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 will of 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 an original executor.[cf. 1925 c. 23 s. 7 U.K.] 35. On failure of executors (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.(2) Where letters of administration with the will annexed are granted, the will of the deceased shall be performed and exercised in like manner as if probate thereof had been granted to an executor. [cf. 1925 c. 49 s. 166 U.K.] 36. Appointment of administrator of intestate’s estate Where a person dies wholly intestate as to his estate or leaving a will affecting estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of Hong Kong, or where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person 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 such administration may be limited in such manner as the court thinks fit.[cf. 1857 c. 77 s. 73 U.K.] 37. Grant of special administration (1) If at the expiration of 12 months from the death of a person any personal representative of the deceased to whom a grant has been made is residing out of Hong Kong the court may, on the application of any creditor or person interested in the estate of the deceased, grant to him special administration of the estate of such deceased person. (Amended E.R. 5 of 2020)(2) The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into the name of the Registrar of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order.(3) If the personal representative, capable of acting as such, returns to and resides within Hong Kong while any legal proceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings.[cf. 1925 c. 49 s. 164 U.K.] 38. Payment of costs relating to special administration The costs of and incidental to the grant of special administration and the legal proceedings to which a special administrator is a party shall be paid by such person or out of such fund as the court in which the proceedings are pending may direct.[cf. 1925 c. 49 s. 164 U.K.] 39. Person under 21 as sole executor (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 age of 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 personal representative 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.] 40. Appointment of administrator pendente lite (1) Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant are pending the court may, subject to section 25, appoint an administrator of the estate of the deceased.(2) An administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of the estate.(3) Every such administrator shall be subject to the immediate control of the court and act under its direction.[cf. 1925 c. 49 s. 163 U.K.] 41. Administration pending appeal All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to the Hong Kong Court of Final Appeal from any decision of the court.(Amended 25 of 1998 s. 2) 42. Prohibition of executor acting pending administration Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action, or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant, until the grant has been recalled or revoked.[cf. 1925 c. 23 s. 15 U.K.] 43. Rights and liabilities of administrator Every person to whom administration of the estate of a deceased person is granted shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased.[cf. 1925 c. 23 s. 21 U.K.] 44. Legal proceedings after revocation of temporary administration If, while any legal proceeding is pending in any court by or against an administrator to whom a temporary administration has been granted, that administration is revoked, that court may order that the proceeding be continued by or against the new personal representative in like manner as if the same had been originally commenced by or against him, but subject to such conditions and variations, if any, as that court directs.[cf. 1925 c. 23 s. 17 U.K.] 45. Caveats A caveat against a grant of probate or administration may be entered in the Registry.[cf. 1925 c. 49 s. 154 U.K.] 46. Power to require administrators to produce sureties As a condition of granting administration to any person the court may, subject to the provisions of section 47 and subject to and in accordance with probate rules and orders, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.[cf. 1925 c. 49 s. 167(1) U.K.] 47. Effect of guarantee (1) A guarantee given in pursuance of any requirement under section 46 shall ensure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the 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 cases as 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 Designated Countries etc. (Replaced 67 of 1999 s. 3. Amended E.R. 5 of 2020) 48. Interpretation 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)(Amended 67 of 1999 s. 3) 49. Sealing of grants by Courts outside Hong Kong Where a court of probate in a designated country or place has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the court, be sealed with the seal of the court, and thereupon shall be of the like force and effect, and have the same operation in Hong Kong as if granted by that court.(Amended 67 of 1999 s. 3) 49AA. Application for sealing of grant to be supported by affidavit (1) In this section—(a) assets (資產) means assets in the form of real property or personal property situated in Hong Kong; (Amended E.R. 5 of 2020)(b) liabilities (負債), in relation to a deceased person, means— (Amended E.R. 5 of 2020)(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 for sealing of a grant under section 49 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 the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the 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, 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—(a) the details of the inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under this subsection;

and(b) (where applicable) the assets and liabilities of the deceased as at the date of his death known to the applicant that should have been set out in that schedule but are not so set 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 the instrument 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 the executor 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 duplicate schedule 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 and liabilities of a deceased person as at the date of his death known to the applicant, executor or administrator despite the grant 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 an additional schedule exhibited under this section.(14) An affidavit or corrective affidavit referred to in subsection (2), (4), (8) or (12) shall verify the truthfulness and correctness 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.(15) An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be in a form specified by the Registrar by general notice published in the Gazette.(Added 21 of 2005 s. 28) 49AB. Registrar to provide the Commissioner of Inland Revenue with information in application for sealing of non-local grants Within 1 month of the receipt of an application for sealing a grant under section 49 in respect of the estate of a person who dies on or after 11 February 2006, the Registrar shall provide the Commissioner of Inland Revenue with such information supplied by the applicant for the purposes of the application as the Commissioner may require for the purposes of the Inland Revenue Ordinance (Cap. 112).(Added 21 of 2005 s. 21. Amended L.N. 210 of 2005) 49A. Amendment of Schedule 2 (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 complied with (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 being applied to probate and letters of administration granted by the court of a country or place outside Hong Kong, similar benefits 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) 50. Conditions to be fulfilled before sealing The court shall, before sealing a probate or letters of administration under this Part, be satisfied that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in Hong Kong and may require such evidence if any as it thinks fit as to the domicile of the deceased person. 51. Application of sections 46 and 47 As a condition of sealing letters of administration under this Part, the court may exercise the powers conferred on the court by sections 46 and 47 in the same manner as if it were granting an administration under this Ordinance. 52. Duplicate or copy admissible For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original. Part V Powers, Rights, Duties and Obligations of Personal Representatives 53. Rights of action of personal representative Subject to the provisions of any other Ordinance, a personal representative has the same power to sue in respect of all causes of action vested in and surviving the deceased.[cf. 1934 c. 41 s. 1 U.K.] 54. Power of personal representative to dispose of property (1) No conveyance of immovable property of a deceased person dying after the commencement* of this Ordinance shall be made without the concurrence of all the personal representatives of the deceased or an order of the court.(2) Notwithstanding subsection (1), where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, any conveyance of the immovable property may be made by the proving executor or executors for the time being, without an order of the court, and shall be as effectual 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 all may, 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 he may think proper, subject to any restriction which may be imposed in this behalf by the will of the deceased and to the provisions of this section: Provided that an executor may dispose of any property notwithstanding any restriction so imposed, if he does so in accordance with an order of the court. (5) The disposal of property by a personal representative in contravention of the provisions of this section shall be voidable at the instance of any other person interested in the property.[cf. 1925 c. 23 s. 2(2) U.K.] Editorial Note: * Commencement date: 7 October 1971. 55. Purchase by personal representative of deceased’s property 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. 56. Duty of personal representative as to inventory The personal representative of a deceased person shall, when lawfully required so to do, exhibit, by affidavit filed 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.] 57. Protection of persons acting on probate or administration (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 whatsoever affecting 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 personal representative under the representation before the revocation thereof are a valid discharge to the person making the same; and the personal representative who acted under the revoked representation may retain and reimburse himself in respect of any payments or dispositions made by him which the person to whom representation is afterwards granted might 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 the commencement* of this Ordinance by a person to whom probate or letters of administration have been granted are valid, notwithstanding any subsequent revocation or variation, either before or after the commencement* of this Ordinance, 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 this Ordinance and applies whether the testator or intestate died before or after such commencement*. [cf. 1925 c. 23 s. 37(2) U.K.] Editorial Note: * Commencement date: 7 October 1971. 58. Liability of a person fraudulently obtaining or retaining estate of deceased If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable 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 into his 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.[cf. 1925 c. 23 s. 28 U.K.] 59. Liability of estate of personal representative Where a person as personal representative of a deceased person (including an executor in his own wrong) wastes or converts to his own use any part of the property of the deceased, and dies, his personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of such waste or conversion, in the same manner as the defaulter would have been if living.[cf. 1925 c. 23 s. 29 U.K.] 60. Allowance of remuneration to executor, administrator or attorney (1) Subject to subsection (2), the court may allow to any executor or administrator, including an administrator appointed pendente lite under section 40 (or to a person acting under a power of attorney as attorney for an executor or administrator in the matter of the sealing of a probate or administration under Part IV or in the matter of the realization and 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 is chargeable in such manner as may be required by probate rules and orders.(b) No such remuneration shall exceed five per cent on the first $1,000, two and a half per cent on the next $4,000 and one per cent on the balance of the gross value of all property of whatsoever nature administered. (Amended E.R. 5 of 2020) Part VA Bank Accounts and Bank Deposit Boxes Kept by Deceased (Part VA added 21 of 2005 s. 23) 60A. Interpretation of Part VA 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 the box 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. 60B. Certificate for releasing money from bank account of deceased (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 the estate; and(b) may, where it is made only for the purpose described in subsection (3)(a), be made by any person who appears 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 following purposes—(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 estate of 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 it from the account duly made by the deceased person as if he were alive and the bank shall, subject to the condition attached to the certificate under section 60G(1) (if any), make payment to the holder of the certificate accordingly. 60C. Certificate for inspection of safe deposit box kept by deceased (1) The Secretary may—(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 the deceased. (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. 60D. Inspection of safe deposit box and inventory of contents (1) If—(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 under section 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 will of 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 and documents 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 an inspection 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 pursuant to subsection (1); and(b) the holder of the relevant certificate for inspection is named in the will or instrument as the executor or one 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 section 60G(1) (if any), take possession of the will or instrument after placing a copy of it in the safe deposit box.(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 Secretary may—(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 Secretary may—(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 2008 s. 64) 60E. Authorization for removal (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 or relevant to an application under section 15 or 24(1) or an application for sealing of a probate or letters 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 the document; and(B) the removal of the document from the safe deposit box will not prejudice the legitimate interest 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 box with survivorship arrangement, the Secretary may—(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) after placing a copy of it in the safe deposit box. 60F. Form of certificate and authorization 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. 60G. Secretary may attach condition (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 legitimate interest of any person in the estate concerned.(3) A condition attached to a certificate shall be endorsed on the certificate. 60H. Protection of bank staff and bank 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). 60I. Surviving renter’s right subject to this Ordinance in 12 months following death of joint renter (1) Notwithstanding anything in the contract between a surviving renter of a jointly rented safe deposit box with survivorship arrangement and the bank concerned for the renting of the safe deposit box, his right of access to the contents 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 12 months after the death of the deceased renter concerned) during the 12 months after the death of the deceased renter concerned;(b) (where no inventory is so prepared during the 12 months after the death of the deceased renter concerned) 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 60J. Prohibition against intermeddling of estate (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. 210 of 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 way administers—(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 additional schedule, 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 performing that function, be regarded as having acted with lawful authority.(5) If—(a) a bank acting through an employee of it allows a surviving renter of a jointly rented safe deposit box with 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 under subsection (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 the estate 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 additional schedule, 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 the estate or the income of any part of the estate after the expiry of the prescribed period commencing on the date on which 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 out such part of the estate commits an offence.(8) In subsections (6) and (7), prescribed period (訂明期間)— (Amended E.R. 5 of 2020)(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) 60K. Exemption from section 60J for estate not exceeding $50,000 (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.(2) The Secretary may—(a) upon an application by the executor of a deceased person or the person entitled in priority to administer the 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 $50,000 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 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 the date of his death; and(b) verify the truthfulness and correctness of it and of the schedule exhibited by it to the best of the knowledge, 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 the schedule 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 has not 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 the date 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 $50,000 beneficially 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 shall surrender 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 in the 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) 61. Property of deceased is asset for payment of debts (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 for payment of his debts and liabilities, and any disposition by will inconsistent with this Ordinance is void as against the creditors; and the court shall, if necessary, administer the property for the purpose of 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 personally liable 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.] 62. Duties of representatives (1) On the death of a person intestate as to any property, such property shall be held by his personal representatives—(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 liable to account, may think proper, and so that any reversionary interest be not sold until it falls into possession unless the personal 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 (after payment of costs), and out of the ready money of the deceased (so far as not disposed of by his will, if any), the personal representatives shall pay all such funeral, testamentary and administration expenses, debts and other liabilities as are properly payable thereout, and out of the residue of the said money the personal representatives shall set 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 said money, or so much thereof as may not have been distributed, in any investments for the time being authorized by any Ordinance for the investment of trust money, with power, at the discretion of the personal representatives, to change such investments for others of a like nature.(4) The income (including net rents and profits of immovable property after payments of rates, taxes, rent, costs of insurances, repairs and other outgoings properly attributable to income) of so much of the movable and immovable property of the deceased as may not be disposed of by his will, if any, or may not be required for the administration purposes aforesaid, may, however such estate is invested, as from the death of the deceased, be treated and applied as income, 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 in respect 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.] 63. Administration of assets (1) Where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules 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 in respect of all assets of the deceased but the right of retainer shall only apply to debts owing to the personal 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 representative or 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 provisions hereinafter contained as to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout in the order mentioned in Part II of Schedule 1.(Amended 67 of 1999 s. 3)[cf. 1925 c. 23 s. 34 U.K.] 64. Charges to be paid primarily out of the property charged (1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of an interest in property which at the time of his death is charged with the payment of money, whether by way 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, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.(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 part of the charge.(3) Nothing in this section affects the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.[cf. 1925 c. 23 s. 35 U.K.] 65. Contracts by personal representative (1) Subject to the provisions of section 54 every contract entered into by a personal representative in the due administration of an estate shall be binding on and be enforceable against and by any other personal representative for the time being of the deceased, and may be carried into effect or be varied or rescinded by any other such personal representative 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 this Ordinance. Editorial Note: * Commencement date: 7 October 1971. 66. Assent or conveyance by personal representative (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 personal representative, of any immovable property to which the testator or intestate was entitled or over which he exercised a general 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 contrary intention 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 shall name 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 reason only 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 a purchaser of a legal estate, prejudice the right of a personal representative or any other person to recover the estate to which the assent or conveyance relates, or to be indemnified out of such estate against any duties, debts or liability to which 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 security for the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties, debt or liability, if reasonable arrangements have been made for the discharging of the same, and an assent may be given subject to any legal estate or charge by way of legal mortgage.(7) This section applies to assents and conveyances made after the commencement* of this Ordinance, whether the testator or intestate died before or after such commencement*.[cf. 1925 c. 23 s. 36 U.K.] Editorial Note: * Commencement date: 7 October 1971. 67. Right to follow property and powers of the court in relation thereto (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 any property 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.(2) Notwithstanding any such assent, transfer or conveyance the court may, on the application of any creditor or other person interested—(a) order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried out which the court considers requisite for the purpose of giving effect to the rights of the persons interested;(b) declare that the person, not being a purchaser, in whom the property is vested is a trustee for those purposes;(c) give directions respecting the preparation and execution of any conveyance or other instrument, or as to 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 Trustee Ordinance (Cap. 29).(3) This section does not prejudice the rights of a purchaser or a person deriving title under him, but applies whether the testator or intestate died before or after the commencement* of this Ordinance.[cf. 1925 c. 23 s. 38 U.K.] Editorial Note: * Commencement date: 7 October 1971. 68.

Powers of personal representative as to appropriation (1) The personal representative may appropriate any part of the movable or immovable property, including things in action, of the deceased in the actual condition or state of investment thereof at the time of appropriation in or towards 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 respective rights 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 hereinafter mentioned) 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 time being 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 on the application of his next friend;(c) no consent (save of such trustee as aforesaid) shall be required on behalf of a person who may come into 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 the appropriation 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 mentally disordered 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 an appropriation in respect of such legacy, share or interest so long as the appropriation is of an investment authorized as aforesaid.(3) Any property duly appropriated under the powers conferred by this section shall thereafter be treated as an authorized 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 the respective parts of the movable and immovable property and the liabilities of the deceased as he may think fit, and shall for that purpose employ a duly qualified valuer in any case where such employment may be necessary, and may make 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 the deceased whose consent is not hereby made requisite.(6) The personal representative shall, in making the appropriation, have regard to the rights of any person who may thereafter come into existence, or who cannot be found or ascertained at the time of appropriation, and of any other 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 an appropriation is made under this section in respect of a settled legacy, share or interest, the property appropriated shall remain subject to all trusts for sale and powers of leasing, disposition and management, or varying investments, which would 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 this section, the person to whom it was transferred or conveyed disposes of it or any interest therein, then, in favour of a purchaser, the appropriation shall be deemed to have been made in accordance with the requirements of this section and 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 or otherwise, but is subject to the provisions of section 54.[cf. 1925 c. 23 s. 41 U.K.] Editorial Note: * Commencement date: 7 October 1971. 69. Power to appoint trustees of infant’s property (1) Where an infant is absolutely entitled under the will or on the intestacy of a person dying before or after the commencement* 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 may appoint 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 or share for the infant, and may, subject to the provisions of section 54, execute or do any assurance or thing requisite for vesting such devise, legacy, residue or share in the trustee or trustees so appointed; and on such appointment the personal representatives, as such, shall be discharged from all further liability in respect of such devise, legacy, residue or share, and the same may be retained in its existing condition or state of investment, or may be converted into money, 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 such devise, legacy, residue or share, and invested the same or the proceeds thereof in any investments in which he was authorized to invest money subject to the trust, then, subject to any order of the court made before such commencement*, he shall not be deemed to have incurred any liability on that account, or by reason of not having paid or transferred the money or property into court.[cf. 1925 c. 23 s. 42 U.K.] Editorial Note: * Commencement date: 7 October 1971. 70. Powers of personal representative as to giving possession of land and powers of the court (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 the personal representative to take or resume possession, nor his power to convey the land as if he were in possession thereof, 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 the appointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to be registered 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), relating to vesting orders and to the appointment of a person to transfer or convey, shall apply.(3) This section applies whether the testator or intestate dies before or after the commencement* of this Ordinance.[cf. 1925 c. 23 s. 43 U.K.] Editorial Note: * Commencement date: 7 October 1971. 71. Power to postpone distribution Subject to the provisions of this Ordinance, a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death.[cf. 1925 c. 23 s. 44 U.K.] Part VII Miscellaneous 72. Probate rules and orders (1) The Chief Justice may make rules and orders (in this Ordinance referred to as probate rules and orders), for regulating 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 the Official 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 to be credited;(c) determining the time at which money placed in such an account is to begin and to cease to bear interest and 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 1978 s. 3)(2) (Repealed 21 of 2024 s. 63)[cf. 1925 c. 49 s. 100 U.K.] 73. Depositing and inspection of wills All original wills and other documents which are under the control of the court in the Registry shall be deposited and 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.] 74. Copy of will etc. (Amended E.R. 5 of 2020)An official copy of the whole or any part of a will, or an official certificate of the grant of an administration, may be 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.] 75. Saving (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) Schedule 1 [s. 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 and unsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively, and as to the priorities of debts and liabilities, as may be in force for the time being under 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 any pecuniary legacies. 2. Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary gift, subject to the retention out of such property of a fund sufficient to meet any pecuniary legacies, so far as not provided for as aforesaid. 3. Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) 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 [ss. 48 & 49A]Designated Country or Place New Zealand (Added L.N. 52 of 2003)SingaporeSri LankaThe Australian States of Tasmania, Victoria and South Australia and the Northern Territory of Australia (Replaced L.N. 98 of 2000)United Kingdom(Amended E.R. 5 of 2020)(Schedule 2 added 67 of 1999 s. 3)