Probate and Administration Ordinance

(1)
If—
(a)
the Secretary issues a certificate for inspection relating to a safe deposit box in respect of the estate of the deceased; 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 bank shall allow the holder of the certificate to inspect, subject to the condition attached to the certificate under
section 60G(1)
(if any) and in the presence of such public officers as the Secretary may authorize and an employee of the bank, all items contained in the box only for any or both of the purposes prescribed in subsection (2).
(2)
The prescribed purposes referred to in subsection (1)
are—
(a)
ascertaining whether there is any will of the deceased or similar instrument in the safe deposit box;
(b)
preparing an inventory under subsection (3).
(3)
After a safe deposit box has been inspected pursuant to subsection (1) by the holder of a certificate for inspection, the holder shall,
where—
(a)
the safe deposit box is a jointly rented safe deposit box of which he is a surviving renter;
(b)
no will of the deceased concerned or similar instrument is found in the safe deposit box;
(c)
a will of the deceased or similar instrument naming him as the executor or one of the executors of the deceased concerned is found in the safe deposit box; or
(d)
the Secretary includes in the certificate a statement that he has been satisfied by the holder that a will of the deceased or similar instrument has been found in the safe deposit box and
that—
(i)
the will or instrument is not valid; or
(ii)
no executor is named in the will or instrument or that the executor or all executors named in the will or
instrument—
(A)
cannot be located;
(B)
refuse to act as executor;
(C)
have died; or
(D)
are otherwise not capable of acting as executor,
prepare, in the presence of the public officers and the employee of the bank, an inventory of the articles and documents contained in the safe deposit box.
(4)
If—
(a)
a will of the deceased concerned or similar instrument is found in a safe deposit box upon an inspection made pursuant to a certificate for inspection;
(b)
(i)
the holder of the certificate is not a surviving renter of the safe deposit box; and
(ii)
(A)
the holder of the certificate is not the person or one of the persons named in the will or instrument as the executor or executors of the deceased concerned; or
(B)
no executor is named in the will or instrument; and
(c)
the certificate does not contain a statement of the Secretary referred to in subsection
(3
)(
d)
,
the employee of the bank shall
immediately—
(d)
make a copy of the will or instrument;
(e)
put the will or instrument back into the safe deposit box;
(f)
close or seal the box; and
(g)
hand over the copy of the will or instrument to the public officers present.
(5)
A copy of a will or similar instrument made under subsection
                (4)(d)
                shall be
kept—
(a)
by the Secretary for a period of 6 years after it is made; and
(b)
either—
(i)
in a legible form; or
(ii)
in a non-legible form capable of being reproduced in a legible
                        form.
(6)
Where—
(a)
a will of the deceased concerned or similar instrument is found in a safe deposit box inspected pursuant to subsection (1); and
(b)
the holder of the relevant certificate for inspection is named in the will or instrument as the executor or one of the executors of the deceased concerned,
the bank shall allow the holder of the certificate to, subject to the condition attached to the certificate under
section 60G(1)
(if any), take possession of the will or instrument after placing a copy of it in the safe deposit box.
(7)
The truthfulness and correctness of an inventory prepared under subsection (3) shall be verified
by—
(a)
the public officers present at the inspection; and
(b)
the holder of the certificate for inspection who prepared the inventory,
by signing on the inventory.
(8)
A copy of an inventory prepared under subsection (3) shall be kept by the bank. Another copy shall be kept by the Secretary.
(9)
A copy of an inventory kept under subsection (8) shall be
kept—
(a)
for a period of 6 years after the preparation of the inventory; and
(b)
either—
(i)
in a legible form; or
(ii)
in a non-legible form capable of being reproduced in a legible form.
(10)
Where a copy of a will or similar instrument is kept by the Secretary under subsection (5), the Secretary
may—
(a)
upon an application made in a manner specified by him;
(b)
upon being satisfied
that—
(i)
the applicant intends to apply for a grant in respect of the estate of the deceased concerned; and
(ii)
the will or instrument is necessary for or relevant to the application for a grant; and
(c)
upon payment of a fee specified by the Secretary,
provide to the applicant a copy of the copy of the will or instrument kept by the Secretary.
(11)
Where an inventory has been prepared under subsection (3) in respect of a safe deposit box, the Secretary
may—
(a)
upon an application made in a manner specified by him;
(b)
upon being satisfied that the
applicant—
(i)
has a legitimate interest in the estate of the deceased concerned; or
(ii)
(in the case of a jointly rented safe deposit box) is a surviving renter of the safe deposit box; and
(c)
upon payment of a fee specified by the Secretary,
provide to the applicant a copy of the copy of the inventory kept by him under subsection (8).
(Amended
10 of 2008 s. 64
)