Cap. 10activeordinance

Probate and Administration Ordinance

遺囑認證及遺產管理條例

Full legislation

s.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.]