### Non-Contentious Probate Rules 《無爭議遺囑認證規則》

1. Citation
These rules may be cited as the Non-Contentious Probate Rules.

2. Interpretation
(1) The Interpretation and General Clauses Ordinance (Cap. 1) shall apply to the interpretation of these rules as it applies to the interpretation of an Ordinance.
(2) In these rules, unless the context otherwise requires—
authorized officer (獲授權人員) means any person who is for the time being authorized by the Chief Justice to administer any oath or to take any affidavit required for any purpose connected with his duties;
gross value (總值) in relation to any estate means the value of the estate without deduction for debts, incumbrances, funeral expenses, or estate duty (if any); (21 of 2005 s. 32)
oath (誓言) means the oath required by rule 6 to be sworn by every applicant for a grant;
personal applicant (個人申請人) means a person other than a trust corporation who seeks to obtain a grant without employing a solicitor, and personal application (個人申請) has a corresponding meaning;
specified form (指明表格) means a form specified by the Registrar under rule 2A(1); (L.N. 33 of 1992)
the Ordinance (本條例) means the Probate and Administration Ordinance (Cap. 10);
union of concubinage (夫妾關係) shall have the same meaning ascribed to it as is contained in the Intestates’ Estates Ordinance (Cap. 73);
will (遺囑) includes a nuncupative will or a will which is valid according to the provisions contained in the Wills Ordinance (Cap. 30) and any testamentary document or copy or reconstruction thereof.
(E.R. 1 of 2020)(3) (Repealed L.N. 33 of 1992)

2A. Forms
(1) The Registrar may by general notice published in the Gazette specify the forms for use in connection with these rules.
(2) The specified form shall be adhered to with such variations or additions as circumstances may require.
(L.N. 33 of 1992)

3. Applications for grants through solicitors
(1) A person applying for a grant through a solicitor may apply at the Registry.
(2) Every solicitor through whom an application for a grant is made shall give the address of his place of business within the jurisdiction.
(3) No application for a grant shall be made by post.
(L.N. 266 of 1983)

### Non-Contentious Probate Rules 《無爭議遺囑認證規則》

4. Personal applications
(1) A personal applicant may apply for a grant at the Registry.
(2) A personal applicant may not apply through an agent, whether paid or unpaid, and may not be attended by any person acting or appearing to act as his adviser.
(3) No personal application shall be received or proceeded with if—
(a) it becomes necessary to bring the matter before the court on motion or by action;
(b) an application has already been made by a solicitor on behalf of the applicant and has not been withdrawn;
(c) the Registrar otherwise directs.
(4) After a will has been deposited in the Registry by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances the Registrar so directs.
(5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as the Registrar may approve.
(6) A personal applicant may prepare the papers leading to the grant himself and lodge them in the Registry unsworn, or if the Registrar so directs shall supply all information necessary to enable such papers to be prepared in the Registry.
(7) Unless the Registrar otherwise directs, every oath, affidavit or guarantee required on a personal application shall be sworn or executed by all the deponents or obligors before an authorized officer.
(8) No legal advice shall be given to a personal applicant by any person in the Registry and every such person shall be responsible only for embodying in proper form the applicant’s instructions for a grant.
(9) No application for a grant shall be made by post.
(10) Where the gross amount of an estate does not exceed $150,000 a personal applicant may make an informal application to the official administrator requesting him to administer the estate informally. (L.N. 358 of 1983; L.N. 125 of 1997)

5. Duty of Registrar on receiving application for grant
(1) The Registrar shall not allow any grant to issue until all inquiries which he may see fit to make have been answered to his satisfaction.
(2) The Registrar may require proof of the identity of the deceased or of the applicant for the grant beyond that contained in the oath.
(3) Except with the leave of the Registrar, no grant of probate or of administration with the will annexed shall issue within 7 days of the death of the deceased and no grant of administration shall issue within 14 days thereof.
(4) The Registrar shall not require a guarantee under section 46 of the Ordinance as a condition of granting administration to any person, without giving that person or, where the application for the grant, is made through a solicitor, the solicitor an opportunity of being heard with respect to the requirement.

### Non-Contentious Probate Rules 《無爭議遺囑認證規則》

6. Oath in support of grant
(1) Every application for a grant shall be supported by an oath in the specified form applicable to the circumstances of the case, which shall be contained in an affidavit sworn by the applicant, and by such other papers as the Registrar may require. (L.N. 33 of 1992)
(2) On an application for a grant of administration the oath shall state whether, and if so, in what manner, persons having a prior right to a grant in accordance with the provisions contained in rule 21 have been cleared off, and whether any minority or life interest arises under the will or intestacy.
(3) Where the deceased died domiciled outside Hong Kong, the oath shall state where the deceased died domiciled.
(4) If the oath states where the deceased died domiciled (whether in or outside Hong Kong) a statement as to the country in which he died domiciled may be included in the grant.

7. Grant in additional name
(1) Subject to paragraph (2), where it is necessary to describe the deceased in a grant by some name in addition to his true name, the applicant shall state in the oath the true name of the deceased and shall depose that some part of the estate, specifying it, was held in the other name, or as to any other reason that there may be for the inclusion of the other name in the grant.
(2) If the name of the deceased is in accordance with the International Code for Chinese names this name shall be accepted as being the correct name of the deceased.

8. Marking of wills
Every will in respect of which an application for a grant is made shall be marked by the signatures of the applicant and the person before whom the oath is sworn, and shall be exhibited to any affidavit which may be required under these rules as to the validity, terms, condition or date of execution of the will:

Provided that where the Registrar is satisfied that compliance with this rule might result in the loss of the will, he may allow a photographic copy thereof to be marked or exhibited in lieu of the original document:
Provided also that if a will is not in the English or Chinese language a translation into one of those languages certified to the satisfaction of the Registrar shall also be filed with the original will.(67 of 1999 s. 3)