Cap. 10 《遺囑認證及遺產管理條例》Probate and Administration Ordinance

The court shall have jurisdiction in all matters relating to probate and administration of deceased’s estates, with power to grant probates of wills and letters of administration to the estates of deceased persons and to alter or revoke such grants. (Amended E.R. 5 of 2020)

The court shall have jurisdiction to make a grant of probate or administration in respect of a deceased person notwithstanding that the deceased person left no estate. [cf. 1932 c. 55 s. 2 U.K.]

The court shall have jurisdiction to reseal grants of probate and letters of administration made by a court of probate in any designated country or place in accordance with the provisions of Part IV of this Ordinance. (Amended 67 of 1999 s. 3)

Where a testator gives, devises or bequeaths any part of his estate for unspecified charitable purposes, otherwise than on trust, the court shall have jurisdiction, on the application of the Secretary for Justice, to approve a scheme for the disposal of the gift, devise or bequest for such charitable purposes as it thinks fit. (Added 13 of 1995 s. 51. Amended L.N. 362 of 1997)

Subject to section 6, a grant of probate or administration may be made, amended or resealed by the Registrar in the name and under the seal of the court.

The Registrar may, in any case in which he has jurisdiction under this section, exercise all such powers as are ancillary thereto which the court or a judge may exercise in like circumstances.

Nothing in this section shall—

No grant shall be made by the Registrar under section 5—

The Registrar, where he exercises jurisdiction under section 5—

If a matter is referred to a judge under subsection (2) the judge may either dispose of it himself or refer it back to the Registrar with such directions as he thinks fit.

The court may, on motion or petition or otherwise, in a summary way, whether any proceedings are or are not pending in the court with respect to any probate or administration, order any person to produce and bring into the Registry, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person.

If it is not shown that any such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the court may direct such person to attend for the purpose of being examined in open court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to an action in the court and had made such default.

The Registrar may, whether or not any proceedings are pending in the court, issue a subpoena requiring any person to produce and bring into the Registry any paper or writing being or purporting to be testamentary, which may be shown to be in the possession, within the power, or under the control of such person; and such person, upon being duly served with the said subpoena, shall be bound to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default as if he had been a party to proceedings in the court, and had been ordered by a judge to produce and bring in such paper or writing. [cf. 1858 c. 95 s. 23 U.K.]

[cf. 1857 c. 77 s. 26 U.K.]

The Registrar shall be ex officio Official Administrator under this Ordinance.

In all cases the Official Administrator shall be subject to the immediate control and act under the direction of the court.

The Official Administrator may employ a solicitor or other agent to do any business which may be sanctioned by the court.

An application by the Official Administrator to the court may be made personally, and without notice or other formality; but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct.

The Official Administrator may, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, take possession of the movable property of a deceased person which may be found within Hong Kong, and provide for the safe custody thereof until probate of the will of such deceased person or administration of his estate has been granted by the court: Provided that the Official Administrator may, in lieu thereof if he thinks fit, issue forthwith a commission of appraisement of all or any of such property.

In the case of the death of any person who is the national of a State to which section 3 of the Consular Conventions Ordinance (Cap. 267) applies, the Official Administrator shall, as soon as conveniently may be after the fact of such death has come to his knowledge, inform the nearest consular officer of the State of the same. (Amended 67 of 1999 s. 3)

(Repealed 67 of 1999 s. 3)

The Official Administrator may, where the whole of an estate does not, in his opinion, exceed $150,000 in value, without any legal formality, get in and administer the same in a summary manner, for the benefit of the persons he may deem interested therein, without a grant or other legal formality. (Amended 44 of 1983 s. 2; 6 of 1996 s. 2)

Any balance of such estate which remains unclaimed shall be paid to the Treasury and, at the expiration of 5 years from the date of the getting in of the estate, be transferred to the general revenue. (Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3; E.R. 5 of 2020)

In this section—

An application to the Official Administrator for the exercise of his power under section 15 to get in and administer the estate of a person who dies on or after 11 February 2006 shall be supported by an affidavit sworn by the applicant and filed by the applicant with the Registry. (Amended L.N. 210 of 2005)

An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the manager of a Tso or Tong) known to the applicant.

If, at any time before or after the Official Administrator exercises his power under section 15, any inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under subsection (5) comes to the knowledge of the applicant concerned, he shall file a corrective affidavit with the Registry.

A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting out—

An affidavit or corrective affidavit referred to in subsection (2) or (4) shall verify the truthfulness and correctness of the schedule or additional schedule exhibited by it to the best of the knowledge, information and belief of the person by whom it is sworn.

An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be in a form specified by the Registrar by general notice published in the Gazette.

On application made by the Official Administrator, the court shall, unless it sees good reason to the contrary, grant to him administration in any of the following cases—

The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in Hong Kong or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act.

Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act. (Amended 2 of 2012 s. 3)

Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in the Chinese People’s Liberation Army for the administration of whose estate provision is made by any law of the Mainland. (Added 2 of 2012 s. 3)

The Official Administrator shall keep a general register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or may be prescribed.

He shall enter in books, to be kept by him for that purpose, separate and distinct accounts of each estate and of all property of every description which may come to his hands, and also of all payments made by him on account of each estate, specifying the dates of such receipts and payments respectively.

Each book shall be kept in the Registry and shall be open during office hours for the inspection of any person who has occasion to inspect the same, on payment of the prescribed fee.

The Official Administrator shall give to any person who applies for the same copies of all documents and accounts in his possession relating to any estate under his administration or to any property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.

If any such copy is refused, the applicant may petition the court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the court so directs.

If the Official Administrator has been granted administration of an estate and a balance of such estate remains unclaimed in his hands, he shall pay that balance into the Treasury or into the account of the Government at such bank as the Director of Accounting Services may direct. (Amended 70 of 1972 s. 2; L.N. 16 of 1977; L.N. 453 of 1993)

(Repealed 70 of 1972 s. 2)

If the Official Administrator has been granted administration of an estate and—

the Official Administrator shall cause advertisements to be published in accordance with subsection (2). (Amended 70 of 1972 s. 3)

An advertisement—

If at the expiration of a period of 5 years from the date of the first publication of an advertisement under subsection (2), the Official Administrator is of the opinion that no claim can reasonably be expected against the estate he may transfer the balance of the estate to the general revenue.

An application for the grant or revocation of probate or letters of administration shall be made through the Registry.

No application under subsection (1) shall be submitted in the form of a petition.

[cf. 1925 c. 49 s. 150 U.K.]

In this section—

An application for a grant in respect of the estate of a person who dies on or after 11 February 2006 shall be— (Amended L.N. 210 of 2005)

An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the manager of a Tso or Tong) known to the applicant.

If, before the court makes a grant under section 3, any inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under subsection (5) comes to the knowledge of the applicant concerned, he shall file—

with the Registry.

A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting out—

The duplicate schedule referred to in subsection (2)(b) and any duplicate additional schedule filed under subsection (4) in respect of an application for a grant shall be annexed to the grant.

If, after the court makes a grant under section 3, any inaccuracy in a schedule or additional schedule annexed to the grant comes to the knowledge of the executor or administrator, he shall—

A corrective affidavit referred to in subsection (8)(a) shall exhibit an additional schedule setting out—

Where a grant is delivered to the Registry under subsection (8)(b), the court may—

Notwithstanding subsections (6) and (10), the court or the Registrar may require an applicant for a grant or an executor or administrator to file an affidavit exhibiting a schedule setting out all of the assets and liabilities of a deceased person as at the date of his death known to the applicant, executor or administrator despite the grant covers or is to cover only a part of the estate.

For the avoidance of doubt, the value of assets other than cash does not have to be stated in a schedule or an additional schedule exhibited under this section.

An affidavit or corrective affidavit referred to in subsection (2), (4), (8) or (12) shall verify the truthfulness and correctness of the schedule or additional schedule exhibited by it to the best of the knowledge, information and belief of the person by whom it is sworn.

An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be in a form specified by the Registrar by general notice published in the Gazette.

Probate or administration shall not be granted to more than four persons in respect of the same property, and administration shall, if there is a minority or if a life interest arises under the will or intestacy, be granted either to a trust corporation, with or without an individual, or to not less than two individuals: Provided that the court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, in accordance with probate rules and orders.

If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the original personal representative in accordance with probate rules and orders.

This section applies to grants of representation made after the commencement* of this Ordinance whether the testator or intestate died before or after such commencement.

[cf. 1925 c. 49 s. 160 U.K.]

The court may—

and the corporation may act accordingly as executor or administrator, as the case may be.

Probate or administration shall not be granted to a syndic or nominee on behalf of a trust corporation.

Any officer authorized for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorized shall be binding on the corporation.

This section shall apply whether the testator or intestate died before or after the commencement* of this Ordinance.

[cf. 1925 c. 49 s. 161 U.K.]

Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are by law conferred on the personal representative may be exercised by the proving executor or executors for the time being and shall be as effectual as if all the persons named as executors had concurred therein.

This section applies whether the testator died before or after the commencement* of this Ordinance.

[cf. 1925 c.23 s. 8 U.K.]

Any person who is or may become entitled to representation may expressly renounce his right to such representation.

Such renunciation may be made orally on the hearing of any petition or probate action by the person renouncing or by counsel on his behalf, or in writing signed by the person so renouncing and attested by a solicitor or by any person before whom an affidavit may be sworn.

Any person having or claiming any interest in the estate of a deceased person may cause to be issued a citation directed to the executors appointed by the deceased’s will calling upon them to accept or renounce their executorship.

Any person so cited may enter an appearance to the citation, but if he makes a default in appearance thereto, he shall be deemed to have renounced his executorship; and if, having appeared, he does not proceed to apply for probate, or having applied has failed to prosecute his application with reasonable diligence, the person so citing may apply for an order that the person cited, unless he applies for and obtains probate within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly.

Where an executor who has renounced probate has been permitted, whether before or after the commencement* of this Ordinance, to withdraw the renunciation and prove the will, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of the subsequent probate shall be endorsed on the original probate or letters of administration.

This section applies whether the testator died before or after the commencement* of this Ordinance.

[cf. 1925 c. 23 s. 6 U.K.]

Where it appears to the court that a probate or administration either ought not to have been granted or contains an error, the court may call in the probate or administration and if satisfied that it would be revoked at the instance of a party interested, may revoke it.

A probate or administration may be revoked under subsection (1) without being called in if it cannot be called in.

The court may, if satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, suspend or remove an executor or administrator (other than the Official Administrator) and provide for the succession of another person in place of such executor or administrator and for the vesting in that other person of any property belonging to the estate.

[cf. 1956 c. 46 s. 17 U.K.]

An executor of a sole or last surviving executor of a testator is the executor of that testator.

Subsection (1) shall not apply to an executor who does not prove the will of his testator, and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator it shall cease to apply on such probate being granted.

So long as the chain of such representation is unbroken, the last executor in the chain is the executor of every preceding testator.

The chain of such representation is broken by—

but is not broken by a temporary grant of administration if probate is subsequently granted.

Every person in the chain of representation to a testator—

Where—

letters of administration with the will annexed may be granted to such person or persons as the court thinks fit.

Where letters of administration with the will annexed are granted, the will of the deceased shall be performed and exercised in like manner as if probate thereof had been granted to an executor. [cf. 1925 c. 49 s. 166 U.K.]

If at the expiration of 12 months from the death of a person any personal representative of the deceased to whom a grant has been made is residing out of Hong Kong the court may, on the application of any creditor or person interested in the estate of the deceased, grant to him special administration of the estate of such deceased person. (Amended E.R. 5 of 2020)

The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into the name of the Registrar of any money or securities belonging to the estate of the deceased person and all persons shall obey any such order.

If the personal representative, capable of acting as such, returns to and resides within Hong Kong while any legal proceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings.

[cf. 1925 c. 49 s. 164 U.K.]

Where a person under the age of 21 years is sole executor of a will, administration with the will annexed shall be granted to his guardian (if any), or to such other person as the court thinks fit, until the person attains the age of 21 years, and on his attaining that age, and not before, probate of the will may be granted to him.

Where a testator by his will appoints a person under the age of 21 years to be an executor, the appointment shall not operate to transfer any interest in the property of the deceased to the person or to constitute him a personal representative for any purpose unless and until probate is granted to him under this section. (Amended 32 of 1990 s. 7)

[cf. 1925 c. 49 s. 165 U.K.]

Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant are pending the court may, subject to section 25, appoint an administrator of the estate of the deceased.

An administrator so appointed shall have all the rights and powers of a general administrator, other than the right of distributing the residue of the estate.

Every such administrator shall be subject to the immediate control of the court and act under its direction.

[cf. 1925 c. 49 s. 163 U.K.]

A guarantee given in pursuance of any requirement under section 46 shall ensure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.

No action shall be brought on any such guarantee without the leave of the court.

No sureties shall be required where administration is granted to the Official Administrator or to the consular officer of a State to which section 3 of the Consular Conventions Ordinance (Cap. 267) applies or in such other cases as may be prescribed by probate rules and orders.

[cf. 1925 c. 49 s. 167(2) U.K.]

In this section—

An application for sealing of a grant under section 49 in respect of the estate of a person who dies on or after 11 February 2006 shall be— (Amended L.N. 210 of 2005)

An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the manager of a Tso or Tong) known to the applicant.

If, before the court seals the grant under section 49, any inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under subsection (5) comes to the knowledge of the applicant concerned, he shall file—

with the Registry.

A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting out—

The duplicate schedule referred to in subsection (2)(b) and any duplicate additional schedule filed under subsection (4) in respect of an application for sealing of a grant shall be annexed to the instrument effecting the sealing.

If, after the court seals a grant under section 49, any inaccuracy in a schedule or additional schedule annexed to the instrument effecting the sealing comes to the knowledge of the executor or administrator, he shall—

A corrective affidavit referred to in subsection (8)(a) shall exhibit an additional schedule setting out—

Where an instrument effecting the sealing of a grant is delivered to the Registry under subsection (8)(b), the court may—

Notwithstanding subsections (6) and (10), the court or the Registrar may require an applicant for the sealing of a grant or an executor or administrator to file an affidavit exhibiting a schedule setting out all of the assets and liabilities of a deceased person as at the date of his death known to the applicant, executor or administrator despite the grant if and when sealed will cover, or the grant as sealed covers, as the case may be, only a part of the estate.

For the avoidance of doubt, the value of assets other than cash does not have to be stated in a schedule or an additional schedule exhibited under this section.

An affidavit or corrective affidavit referred to in subsection (2), (4), (8) or (12) shall verify the truthfulness and correctness of the schedule or additional schedule exhibited by it to the best of the knowledge, information and belief of the person by whom it is sworn.

An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be in a form specified by the Registrar by general notice published in the Gazette.

The Chief Executive in Council may, by order in the Gazette, add to or delete from Schedule 2 the name of a country or place if he is satisfied that the condition in subsection (2) is complied with or has ceased to be complied with (as the case may be) in respect of that country or place.

The condition referred to in subsection (1) is that, in the event of the benefits conferred by this Part being applied to probate and letters of administration granted by the court of a country or place outside Hong Kong, similar benefits will in that country or place be applied to probate and letters of administration granted by the court of Hong Kong.

No conveyance of immovable property of a deceased person dying after the commencement* of this Ordinance shall be made without the concurrence of all the personal representatives of the deceased or an order of the court.

Notwithstanding subsection (1), where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, any conveyance of the immovable property may be made by the proving executor or executors for the time being, without an order of the court, and shall be as effectual as if all the persons named as executors had concurred therein.

Save where subsection (1) or (2) applies, where there are several personal representatives the powers of all may, in the absence of any direction to the contrary in the will or grant of administration, be exercised by any one of them.

A personal representative may charge, mortgage or otherwise dispose of any property vested in him, as he may think proper, subject to any restriction which may be imposed in this behalf by the will of the deceased and to the provisions of this section: Provided that an executor may dispose of any property notwithstanding any restriction so imposed, if he does so in accordance with an order of the court.

The disposal of property by a personal representative in contravention of the provisions of this section shall be voidable at the instance of any other person interested in the property.

[cf. 1925 c. 23 s. 2(2) U.K.]

Every person making or permitting to be made any payment or disposition in good faith under a representation shall be indemnified and protected in so doing, notwithstanding any defect or circumstance whatsoever affecting the validity of the representation. [cf. 1925 c. 23 s. 27(1) U.K.]

Where a representation is revoked, all payments and dispositions made in good faith to a personal representative under the representation before the revocation thereof are a valid discharge to the person making the same; and the personal representative who acted under the revoked representation may retain and reimburse himself in respect of any payments or dispositions made by him which the person to whom representation is afterwards granted might have properly made. [cf. 1925 c. 23 s. 27(2) U.K.]

All transfers and conveyances of any interest in property made to a purchaser either before or after the commencement* of this Ordinance by a person to whom probate or letters of administration have been granted are valid, notwithstanding any subsequent revocation or variation, either before or after the commencement* of this Ordinance, of the probate or administration. [cf. 1925 c. 23 s. 37(1) U.K.]

This section takes effect without prejudice to any order of the court made before the commencement* of this Ordinance and applies whether the testator or intestate died before or after such commencement*. [cf. 1925 c. 23 s. 37(2) U.K.]

Subject to subsection (2), the court may allow to any executor or administrator, including an administrator appointed pendente lite under section 40 (or to a person acting under a power of attorney as attorney for an executor or administrator in the matter of the sealing of a probate or administration under Part IV or in the matter of the realization and administration of an estate under a probate or administration so sealed) such remuneration out of the estate of the deceased person as the court thinks fit.

The Secretary may—

issue to the applicant a Certificate for Necessity of Release of Money in respect of the estate.

An application made under subsection (1)(a) in respect of the estate of a deceased person—

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—

If—

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.

The Secretary may—

issue to the applicant a Certificate for Necessity of Inspection of Bank Deposit Box in respect of the estate of the deceased.

An application under subsection (1) may be made—

If—

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).

The prescribed purposes referred to in subsection (1) are—

After a safe deposit box has been inspected pursuant to subsection (1) by the holder of a certificate for inspection, the holder shall, where—

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.

If—

the employee of the bank shall immediately—

A copy of a will or similar instrument made under subsection (4)(d) shall be kept—

Where—

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.

The truthfulness and correctness of an inventory prepared under subsection (3) shall be verified by—

by signing on the inventory.

A copy of an inventory prepared under subsection (3) shall be kept by the bank. Another copy shall be kept by the Secretary.

A copy of an inventory kept under subsection (8) shall be kept—

Where a copy of a will or similar instrument is kept by the Secretary under subsection (5), the Secretary may—

provide to the applicant a copy of the copy of the will or instrument kept by the Secretary.

Where an inventory has been prepared under subsection (3) in respect of a safe deposit box, the Secretary may—

provide to the applicant a copy of the copy of the inventory kept by him under subsection (8). (Amended 10 of 2008 s. 64)

Where an inventory has been prepared under section 60D(3) in respect of a safe deposit box, the Secretary may—

issue to the applicant an Authorization for Removal from Bank Deposit Box specifying the document.

Where an inventory has been prepared under section 60D(3) in respect of a jointly rented safe deposit box with survivorship arrangement, the Secretary may—

issue to the applicant an Authorization for Removal from Bank Deposit Box specifying the document or article.

For the avoidance of doubt, an authorization for removal can be issued under both subsections (1) and (2).

If—

the bank shall, subject to subsection (5), allow the holder of the authorization to, subject to the condition attached to the certificate under section 60G(1) (if any), take possession of the document or article specified in the authorization.

If a document specified in an authorization for removal is a will of the deceased concerned or similar instrument, the bank shall only allow the holder of the authorization to take possession of it under subsection (4) after placing a copy of it in the safe deposit box.

The Secretary may attach such condition as he thinks fit to—

The Secretary shall not attach a condition under subsection (1) if it may likely prejudice the legitimate interest of any person in the estate concerned.

A condition attached to a certificate shall be endorsed on the certificate.

Notwithstanding anything in the contract between a surviving renter of a jointly rented safe deposit box with survivorship arrangement and the bank concerned for the renting of the safe deposit box, his right of access to the contents of the safe deposit box under the contract shall—

only be exercisable subject to this Ordinance.

It shall be the obligation of the surviving renter to satisfy the bank as to the date of death of the deceased renter concerned.

This section applies—

Any person who, without lawful authority or reasonable excuse, deals with—

which is not set out in the schedule and additional schedule (if any)—

commits an offence.

Subject to section 60K(9), any person who, being neither the executor of a deceased person nor the person entitled in priority to the administration of the estate of a deceased person, takes possession of or in any way administers—

without—

commits an offence.

If an employee of a bank through whom the bank performed its function under section 60B(4), 60D(1), (4) or (6) or 60E(4) has acted in good faith and has exercised due care for that purpose, the employee and the bank shall, for the purposes of determining whether he or it has committed an offence under subsection (2) or (3) by performing that function, be regarded as having acted with lawful authority.

If—

the bank and the employee shall, for the purposes of determining whether it or he has committed an offence under subsection (2) or (3) by allowing the exercise of that right, be regarded as having acted with lawful authority.

Subject to section 60K(9), any executor of a deceased person or any person entitled in priority to the administration of the estate of a deceased person who—

commits an offence.

Subject to section 60K(9), any executor of a deceased person or any person entitled in priority to the administration of the estate of a deceased person who takes possession of, or in any way administers, any part of the estate or the income of any part of the estate after the expiry of the prescribed period commencing on the date on which the deceased dies without first submitting an application in respect of the estate—

supported by an affidavit exhibiting a schedule, or a corrective affidavit exhibiting an additional schedule, setting out such part of the estate commits an offence.

In subsections (6) and (7), prescribed period (訂明期間)— (Amended E.R. 5 of 2020)

A person who commits an offence under subsection (2), (3), (6) or (7) shall be liable on conviction to—

This section applies to—

The Secretary may—

issue to the applicant a confirmation notice in respect of the estate.

An affidavit under subsection (2) shall—

Where a confirmation notice is issued upon an application supported by an affidavit, a duplicate of the schedule exhibited by the affidavit under subsection (3) shall be attached to the confirmation notice.

Where—

the applicant shall, as soon as practicable, give a written notice of the fact to the Secretary.

If, at any time after issuing a confirmation notice under subsection (2), the Secretary is satisfied on reasonable ground (whether upon a notice given under subsection (5)) that—

the Secretary may, by notifying the holder of the confirmation notice in writing, cancel the confirmation notice.

Where the Secretary cancels a confirmation notice under subsection (6), the holder of the notice shall surrender it to the Secretary as soon as practicable.

A person who contravenes subsection (7) commits an offence and shall be liable on conviction to a fine at level 1.

Where a confirmation notice issued under subsection (2) is in force, section 60J(3), (6) and (7) shall not apply to—

An application, affidavit, schedule or notice under this section shall be in such form as the Secretary may determine.

If any person to whom any such beneficial interest devolves or is given, or in whom any such interest vests, disposes thereof in good faith before an action is brought or process is sued out against him, he shall be personally liable for the value of the interest so disposed of by him, but that interest shall not be liable to be taken in execution in the action or under the process.

[cf. 1925 c. 23 s. 32 U.K.]

On the death of a person intestate as to any property, such property shall be held by his personal representatives—

with power to postpone such sale and conversion for such a period as the personal representatives, without being liable to account, may think proper, and so that any reversionary interest be not sold until it falls into possession unless the personal representatives see special reason for sale.

Out of the net money to arise from the sale and conversion of such movable and immovable property (after payment of costs), and out of the ready money of the deceased (so far as not disposed of by his will, if any), the personal representatives shall pay all such funeral, testamentary and administration expenses, debts and other liabilities as are properly payable thereout, and out of the residue of the said money the personal representatives shall set aside a fund sufficient to provide for any pecuniary legacies bequeathed by the will (if any) of the deceased.

During the minority of any beneficiary or the subsistence of any life interest, and pending the distribution of the whole or any part of the estate of the deceased, the personal representatives may invest the residue of the said money, or so much thereof as may not have been distributed, in any investments for the time being authorized by any Ordinance for the investment of trust money, with power, at the discretion of the personal representatives, to change such investments for others of a like nature.

The income (including net rents and profits of immovable property after payments of rates, taxes, rent, costs of insurances, repairs and other outgoings properly attributable to income) of so much of the movable and immovable property of the deceased as may not be disposed of by his will, if any, or may not be required for the administration purposes aforesaid, may, however such estate is invested, as from the death of the deceased, be treated and applied as income, and for that purpose any necessary apportionment may be made between tenant for life and remainderman.

Nothing in this section affects the rights of any creditor of the deceased or the rights of the Government in respect of estate duty.

Where the deceased leaves a will, this section has effect subject to the provisions contained in the will.

[cf. 1925 c. 23 s. 33 U.K.]

Where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules set out in Part I of Schedule 1.

Where the estate of a deceased person is solvent his estate shall, subject to rules of court and the provisions hereinafter contained as to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout in the order mentioned in Part II of Schedule 1.

Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.

Such contrary or other intention shall not be deemed to be signified—

unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge.

Nothing in this section affects the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.

[cf. 1925 c. 23 s. 35 U.K.]

Subject to the provisions of section 54 every contract entered into by a personal representative in the due administration of an estate shall be binding on and be enforceable against and by any other personal representative for the time being of the deceased, and may be carried into effect or be varied or rescinded by any other such personal representative as if it had been entered into by himself.

Nothing in this section shall affect the right of any person to require an assent, transfer or conveyance to be made.

This section applies whether the testator or intestate died before or after the commencement* of this Ordinance.

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.

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.

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.

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.

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.

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.

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.]

An assent, transfer or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property to which the assent, transfer or conveyance relates, or any property representing the same, into the hands of the person in whom it is vested by the assent, transfer or conveyance, nor of any other person (not being a purchaser) who may have received the same or in whom it may be vested.

Notwithstanding any such assent, transfer or conveyance the court may, on the application of any creditor or other person interested—

This section does not prejudice the rights of a purchaser or a person deriving title under him, but applies whether the testator or intestate died before or after the commencement* of this Ordinance.

[cf. 1925 c. 23 s. 38 U.K.]

The personal representative may appropriate any part of the movable or immovable property, including things in action, of the deceased in the actual condition or state of investment thereof at the time of appropriation in or towards satisfaction of any legacy bequeathed by the deceased, or of any other interest or share in his property, whether settled or not, as to the personal representative may seem just and reasonable, according to the respective rights of the persons interested in the property of the deceased.

Notwithstanding the provisions of subsection (1)—

Any property duly appropriated under the powers conferred by this section shall thereafter be treated as an authorized investment, and may be retained or dealt with accordingly.

For the purposes of such appropriation, the personal representative may ascertain and fix the value of the respective parts of the movable and immovable property and the liabilities of the deceased as he may think fit, and shall for that purpose employ a duly qualified valuer in any case where such employment may be necessary, and may make any transfer or conveyance (including an assent) which may be requisite for giving effect to the appropriation.

An appropriation made pursuant to this section shall bind all persons interested in the property of the deceased whose consent is not hereby made requisite.

The personal representative shall, in making the appropriation, have regard to the rights of any person who may thereafter come into existence, or who cannot be found or ascertained at the time of appropriation, and of any other person whose consent is not required by this section.

This section does not prejudice any other power of appropriation conferred by law or by the will (if any) of the deceased, and takes effect with any extended powers conferred by the will (if any) of the deceased, and where an appropriation is made under this section in respect of a settled legacy, share or interest, the property appropriated shall remain subject to all trusts for sale and powers of leasing, disposition and management, or varying investments, which would have been applicable thereto or to the legacy, share or interest in respect of which the appropriation is made, if no such appropriation had been made.

If after any immovable property has been appropriated in purported exercise of the powers conferred by this section, the person to whom it was transferred or conveyed disposes of it or any interest therein, then, in favour of a purchaser, the appropriation shall be deemed to have been made in accordance with the requirements of this section and after all requisite consents, if any, had been given.

This section applies whether the deceased died intestate or not, and whether before or after the commencement* of this Ordinance, and extends to property over which a testator exercises a general power of appointment, and authorizes the setting apart of a fund to answer an annuity by means of the income of that fund or otherwise, but is subject to the provisions of section 54.

[cf. 1925 c. 23 s. 41 U.K.]

Where an infant is absolutely entitled under the will or on the intestacy of a person dying before or after the commencement* of this Ordinance (in this subsection called the deceased) to a devise or legacy, or to the residue of the estate of the deceased, or any share therein, and such devise, legacy, residue or share is not under the will, if any, of the deceased, devised or bequeathed to trustees for the infant, the personal representatives of the deceased may appoint a trust corporation or two or more individuals not exceeding four (whether or not including the personal representatives or one or more of the personal representatives), to be the trustees of such devise, legacy, residue or share for the infant, and may, subject to the provisions of section 54, execute or do any assurance or thing requisite for vesting such devise, legacy, residue or share in the trustee or trustees so appointed; and on such appointment the personal representatives, as such, shall be discharged from all further liability in respect of such devise, legacy, residue or share, and the same may be retained in its existing condition or state of investment, or may be converted into money, and such money may be invested in any authorized investment.

Where a personal representative has before the commencement* of this Ordinance retained or sold any such devise, legacy, residue or share, and invested the same or the proceeds thereof in any investments in which he was authorized to invest money subject to the trust, then, subject to any order of the court made before such commencement*, he shall not be deemed to have incurred any liability on that account, or by reason of not having paid or transferred the money or property into court.

[cf. 1925 c. 23 s. 42 U.K.]

A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the land, and such possession shall not prejudicially affect the right of the personal representative to take or resume possession, nor his power to convey the land as if he were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the land.

Any person who, as against the personal representative, claims possession of immovable property, or the appointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof, may apply to the court for directions with reference thereto, and the court may make such vesting or other order as may be deemed proper, and the provisions of the Trustee Ordinance (Cap. 29), relating to vesting orders and to the appointment of a person to transfer or convey, shall apply.

This section applies whether the testator or intestate dies before or after the commencement* of this Ordinance.

[cf. 1925 c. 23 s. 43 U.K.]

The Chief Justice may make rules and orders (in this Ordinance referred to as probate rules and orders), for regulating the practice and procedure of the court and the Registry with respect to non-contentious or common form probate business and generally for the better carrying out of the provisions of this Ordinance.

Without prejudice to the generality of subsection (1), the Chief Justice may make rules—

(Repealed 21 of 2024 s. 63)

Nothing in this Ordinance shall be taken to affect the application of the provisions of—

The said provisions shall continue to apply to the same extent and with the same effect as if this Ordinance had not been enacted.

(Repealed 57 of 1995 s. 13)