Probate (Loss of Petition) Rules

[13 December 1946]

(Format changes—E.R. 1 of 2017)

Editorial Note:

#These rules were made under section 70 of the repealed Probate and Administration Ordinance (Chapter 10, 1964 Ed.) and, by virtue of section 36(1) of the Interpretation and General Clauses Ordinance (Cap. 1), continue to have the like effect as if they had been made under section 72(1) of the new Probate and Administration Ordinance (Cap. 10) (enacted in 1971).

These rules may be cited as the Probate (Loss of Petition) Rules.

Where the Chief Justice is satisfied, upon such evidence being adduced before him as he may require,—

(a)

that a petition for probate including the original will of the deceased was presented to the court at a date prior to the 8th December, 1941,

(b)

that the said petition and accompanying documents were subsequently lost or destroyed and that such loss or destruction was due to enemy occupation, and

(c)

that the said petition and accompanying documents (had they been still extant) would have led to a grant of probate,

the Chief Justice may make such grant or other order as in the circumstances he may deem fit, without any motion being made to the court or other court proceedings instituted, and may order that all court and other fees be waived in connexion therewith.