Cap. 10activeordinance

Probate and Administration Ordinance

遺囑認證及遺產管理條例

Full legislation

s.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.]