Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.55A

Rules concerning commencement of proceedings in respect of estates of deceased persons

The power to make rules of court under
section 54
shall include power by
            any such rules to make
provision—
(a)
for enabling proceedings to be commenced in the Court of First Instance against
                the estate of a deceased person (whether by the appointment of a person to represent
                the estate or otherwise) where no grant of probate or administration has been
                made;
(b)
for enabling proceedings purporting to have been commenced in the Court of
                First Instance by or against a person to be treated, if he was dead at their
                commencement, as having been commenced by or against, as the case may be, his estate
                whether or not a grant of probate or administration was made before their
                commencement; and
(c)
for enabling any proceedings commenced or treated as commenced in the Court of
                First Instance by or against the estate of a deceased person to be maintained
                (whether by substitution of parties, amendment or otherwise) by or against, as the
                case may be, a person appointed to represent the estate or, if a grant of probate or
                administration is or has been made, by or against the personal
                representatives.
(Added
52 of 1987 s. 42
. Amended
25 of 1998 s. 2
)
[cf. 1981 c. 54 s. 87(2) U.K.]