Chapter Number and Title of Enactment

Chapter:

10Title:PROBATE AND ADMINISTRATION ORDINANCE

Download CAP 10 PROBATE AND ADMINISTRATION ORDINANCE [format: PDF].

: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.

Table of contents of enactment:
Cap 10 Long title
Cap 10 s 1Short title
Cap 10 s 2Interpretation
Cap 10 Part IJURISDICTION AND POWERS OF THE COURT
Cap 10 s 3Jurisdiction of the court in probate and administration
Cap 10 s 4Sealing of documents
Cap 10 s 5Registrar may exercise jurisdiction in certain cases
Cap 10 s 6Restrictions upon exercise of jurisdiction by Registrar
Cap 10 s 7Power of ordering production of testamentary writings
Cap 10 s 8Summons of executor to prove or renounce
Cap 10 s 8ARegistrar may require information
Cap 10 Part IITHE OFFICIAL ADMINISTRATOR
Cap 10 s 9Registrar to be Official Administrator
Cap 10 s 10Vesting of estate of deceased person in Official Administrator
Cap 10 s 11Re-vesting of property on vacation of office
Cap 10 s 12Interim possession of property and deaths of foreign nationals
Cap 10 s 13Unlawfully removing property of deceased from Hong Kong
Cap 10 s 14Lien on property of deceased person for expenses incurred under section 12
Cap 10 s 15Summary administration of estates not exceeding $150000
Cap 10 s 15AAffidavit concerning assets and liabilities of estate relating to summary administration
Cap 10 s 16Cases in which Official Administrator is entitled to administration
Cap 10 s 17Saving as to estates of certain persons
Cap 10 s 18Power of limiting grant
Cap 10 s 19Commission on moneys received
Cap 10 s 20Keeping of books of account
Cap 10 s 21Copies of documents and accounts
Cap 10 s 22Redress against Official Administrator
Cap 10 s 23Effect of grant to Official Administrator
Cap 10 s 23APayment into Government account of unclaimed balance of intestate's estate
Cap 10 s 23BAdvertisements as to unclaimed balance of intestate's estate
Cap 10 s 23CTransfer of unclaimed balance not exceeding five hundred dollars
Cap 10 s 23DDisposal of surplus interest
Cap 10 Part IIIGRANTING AND REVOCATION OF PROBATES, ETC.
Cap 10 s 24Application for grants
Cap 10 s 24AAffidavit concerning assets and liabilities of estate
Cap 10 s 24BRegistrar to provide the Commissioner of Inland Revenue with information in application for grant
Cap 10 s 25Number of Personal representatives
Cap 10 s 26Grant of representation to a trust corporation
Cap 10 s 27Right of proving executors to exercise powers
Cap 10 s 28Cesser of right of executor to prove
Cap 10 s 29Express renunciation of right to probate
Cap 10 s 30Constructive renunciation
Cap 10 s 31Retraction of renunciation
Cap 10 s 32Withdrawal of renunciation
Cap 10 s 33Revocation of grants and removal of executors
Cap 10 s 34Executor of executor represents original testator
Cap 10 s 35On failure of executors
Cap 10 s 36Appointment of administrator of intestate's estate
Cap 10 s 37Grant of special administration
Cap 10 s 38Payment of costs relating to special administration
Cap 10 s 39Person under 21 as sole executor
Cap 10 s 40Appointment of administrator pendente lite
Cap 10 s 41Administration pending appeal
Cap 10 s 42Prohibition of executor acting pending administration
Cap 10 s 43Rights and liabilities of administrator
Cap 10 s 44Legal proceedings after revocation of temporary administration
Cap 10 s 45Caveats
Cap 10 s 46Power to require administrators to produce sureties
Cap 10 s 47Effect of guarantee
Cap 10 Part IVSEALING OF GRANTS BY COURTS IN DESIGNATED COUNTRIES, ETC.*
Cap 10 s 48Interpretation
Cap 10 s 49Sealing of grants by Courts outside Hong Kong
Cap 10 s 49AAApplication for sealing of grant to be supported by affidavit
Cap 10 s 49ABRegistrar to provide the Commissioner of Inland Revenue with information in application for sealing of non-local grants
Cap 10 s 49AAmendment of Schedule 2
Cap 10 s 50Conditions to be fulfilled before sealing
Cap 10 s 51Application of sections 46 and 47
Cap 10 s 52Duplicate or copy admissible
Cap 10 Part VPOWERS, RIGHTS, DUTIES AND OBLIGATIONS OF PERSONAL REPRESENTATIVES
Cap 10 s 53Rights of action of personal representative
Cap 10 s 54Power of personal representative to dispose of property
Cap 10 s 55Purchase by personal representative of deceased's property
Cap 10 s 56Duty of personal representative as to inventory
Cap 10 s 57Protection of persons acting on probate or administration
Cap 10 s 58Liability of a person fraudulently obtaining or retaining estate of deceased
Cap 10 s 59Liability of estate of personal representative
Cap 10 s 60Allowance of remuneration to executor, administrator or attorney
Cap 10 Part VABANK ACCOUNTS AND BANK DEPOSIT BOXES KEPT BY DECEASED
Cap 10 s 60AInterpretation of Part VA
Cap 10 s 60BCertificate for releasing money from bank account of deceased
Cap 10 s 60CCertificate for inspection of safe deposit box kept by deceased
Cap 10 s 60DInspection of safe deposit box and inventory of contents
Cap 10 s 60EAuthorization for removal
Cap 10 s 60FForm of certificate and authorization
Cap 10 s 60GSecretary may attach condition
Cap 10 s 60HProtection of bank staff and bank
Cap 10 s 60ISurviving renter¡¦s right subject to this Ordinance in 12 months following death of joint renter
Cap 10 Part VIADMINISTRATION OF ASSETS
Cap 10 s 60JProhibition against intermeddling of estate
Cap 10 s 60KExemption from section 60J for estate not exceeding $50000
Cap 10 s 61Property of deceased is asset for payment of debts
Cap 10 s 62Duties of representatives
Cap 10 s 63Administration of assets
Cap 10 s 64Charges to be paid primarily out of the property charged
Cap 10 s 65Contracts by personal representative
Cap 10 s 66Assent or conveyance by personal representative
Cap 10 s 67Right to follow property and powers of the court in relation thereto
Cap 10 s 68Powers of personal representative as to appropriation
Cap 10 s 69Power to appoint trustees of infant's property
Cap 10 s 70Powers of personal representative as to giving possession of land and powers of the court
Cap 10 s 71Power to postpone distribution
Cap 10 Part VIIMISCELLANEOUS
Cap 10 s 72Probate rules and orders
Cap 10 s 73Depositing and inspection of wills
Cap 10 s 74Copy of will, etc.
Cap 10 s 75Saving
Cap 10 Sched 1
Cap 10 Sched 2DESIGNATED COUNTRY OR PLACE




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