Probate and Administration Ordinance

(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.