Cap. 10activeordinance

Probate and Administration Ordinance

遺囑認證及遺產管理條例

Full legislation

s.66

Assent or conveyance by personal representative

(1)
A personal representative may assent to the vesting in any person who (whether
                by devise, bequest, devolution, appropriation or otherwise) may be entitled thereto,
                either beneficially or as a trustee or personal representative, of any immovable
                property to which the testator or intestate was entitled or over which he exercised
                a general power of appointment by his will and which devolved upon the personal
                representative.
(2)
The assent shall operate to vest in that person the estate to which the assent
                relates, and unless a contrary intention appears, the assent shall relate back to
                the death of the deceased.
(3)
An assent to the vesting of a legal estate shall be in writing, signed by the
                personal representative, and shall name the person in whose favour it is given, and
                shall operate to vest in that person the legal estate to which it relates; and an
                assent not in writing or not in favour of a named person shall not be effectual to
                pass the legal estate.
(4)
A conveyance of a legal estate by a personal representative to a purchaser
                shall not be invalidated by reason only that the purchaser may have notice that all
                debts, liabilities, funeral and testamentary or administration expenses, duties, and
                legacies of the deceased have been discharged or provided for.
(5)
An assent or conveyance given or made by a personal representative shall not,
                except in favour of a purchaser of a legal estate, prejudice the right of a personal
                representative or any other person to recover the estate to which the assent or
                conveyance relates, or to be indemnified out of such estate against any duties,
                debts or liability to which such estate would have been subject if there had not
                been any assent or conveyance.
(6)
A personal representative may, as a condition of giving an assent or making a
                conveyance, require security for the discharge of any such duties, debt or
                liability, but shall not be entitled to postpone the giving of an assent merely by
                reason of the subsistence of any such duties, debt or liability, if reasonable
                arrangements have been made for the discharging of the same, and an assent may be
                given subject to any legal estate or charge by way of legal mortgage.
(7)
This section applies to assents and conveyances made after the
                commencement*
                of this Ordinance, whether the testator or intestate died before or after such
                commencement*.
[cf. 1925 c. 23 s. 36 U.K.]