Probate (Loss of Grant) Rules

[7 November 1947]

(Format changes—E.R. 1 of 2017)

Editorial Note:

#These rules were made under section 70 of the repealed Probate and Administration Ordinance (Chapter 10, 1964 Ed.) and, by virtue of section 36(1) of the Interpretation and General Clauses Ordinance (Cap. 1), continue to have the like effect as if they had been made under section 72(1) of the new Probate and Administration Ordinance (Cap. 10) (enacted in 1971).

These rules may be cited as the Probate (Loss of Grant) Rules.

Where the Chief Justice is satisfied, upon such evidence being adduced before him as he may require,—

(a)

that a grant of probate or letters of administration was made prior to the 8th December, 1941, in respect of the estate of a deceased person,

(b)

that such grant was subsequently lost or destroyed and that such loss or destruction was due to enemy occupation,

(c)

that no certified copy of the grant is forthcoming, and

(d)

that materials exist sufficient to allow of the re-construction of the grant,

the Chief Justice may order the Registrar of the court to issue under the seal of the court, a document to be called a substituted grant which for all intents and purposes shall be treated as the original grant, and may order that all court and other fees be waived in connexion therewith.