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Cap. 10activeordinance

Probate and Administration Ordinance

遺囑認證及遺產管理條例

Full legislation

s.(3)

(3)
(Repealed
57 of 1995 s. 13
)

Table of Contents

Sections

8ARegistrar may require information
9Registrar to be Official Administrator
10Vesting of estate of deceased person in Official Administrator
11Re-vesting of property on vacation of office
12Interim possession of property and deaths of foreign nationals
13Unlawfully removing property of deceased from Hong Kong
14Lien on property of deceased person for expenses incurred under section 12
15Summary administration of estates not exceeding $150, 000
15AAffidavit concerning assets and liabilities of estate relating to summary administration
16Cases in which Official Administrator is entitled to administration
17Saving as to estates of certain persons
18Power of limiting grant
19Commission on moneys received
20Keeping of books of account
21Copies of documents and accounts
22Redress against Official Administrator
23Effect of grant to Official Administrator
23APayment into Government account of unclaimed balance of intestate’s estate
23BAdvertisements as to unclaimed balance of intestate’s estate
23CTransfer of unclaimed balance not exceeding $500
23DDisposal of surplus interest
24Application for grants
24AAffidavit concerning assets and liabilities of estate
24BRegistrar to provide the Commissioner of Inland Revenue with information in application for grant
25Number of personal representatives
26Grant of representation to a trust corporation
27Right of proving executors to exercise powers
28Cesser of right of executor to prove
29Express renunciation of right to probate
30Constructive renunciation
31Retraction of renunciation
32Withdrawal of renunciation
33Revocation of grants and removal of executors
34Executor of executor represents original testator
35On failure of executors
36Appointment of administrator of intestate’s estate
37Grant of special administration
38Payment of costs relating to special administration
39Person under 21 as sole executor
40Appointment of administrator pendente lite
41Administration pending appeal
42Prohibition of executor acting pending administration
43Rights and liabilities of administrator
44Legal proceedings after revocation of temporary administration
45Caveats
46Power to require administrators to produce sureties
47Effect of guarantee
48Interpretation
49Sealing of grants by Courts outside Hong Kong
49AAApplication for sealing of grant to be supported by affidavit
(12)(12)
(13)(13)
(14)(14)
(15)(15)
49ABRegistrar to provide the Commissioner of Inland Revenue with information in application for sealing of non-local grants
49AAmendment of Schedule 2
50Conditions to be fulfilled before sealing
51Application of sections 46 and 47
52Duplicate or copy admissible
53Rights of action of personal representative
54Power of personal representative to dispose of property
55Purchase by personal representative of deceased’s property
56Duty of personal representative as to inventory
57Protection of persons acting on probate or administration
58Liability of a person fraudulently obtaining or retaining estate of deceased
59Liability of estate of personal representative
60Allowance of remuneration to executor, administrator or attorney
60AInterpretation of Part VA
60BCertificate for releasing money from bank account of deceased
60CCertificate for inspection of safe deposit box kept by deceased
60DInspection of safe deposit box and inventory of contents
(11)(11)
60EAuthorization for removal
60FForm of certificate and authorization
60GSecretary may attach condition
60HProtection of bank staff and bank
60ISurviving renter’s right subject to this Ordinance in 12 months following death of joint renter
60JProhibition against intermeddling of estate
60KExemption from section 60J for estate not exceeding $50, 000
61Property of deceased is asset for payment of debts
62Duties of representatives
63Administration of assets
64Charges to be paid primarily out of the property charged
65Contracts by personal representative
66Assent or conveyance by personal representative
67Right to follow property and powers of the court in relation thereto
68Powers of personal representative as to appropriation
(4)(4)
(5)(5)
(6)(6)
(7)(7)
(8)(8)
(9)(9)
(10)(10)
69Power to appoint trustees of infant’s property
70Powers of personal representative as to giving possession of land and powers of the court
71Power to postpone distribution
72Probate rules and orders
(1A)(1A)
73Depositing and inspection of wills
74Copy of will etc.
75Saving
(1)(1)
(2)(2)
(3)
11.
22.
33.
44.
55.
66.
77.
88.

Schedules

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