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

35. On failure of executors
(1) Where—
(a) no executor is appointed by a will;
(b) all the executors are legally incapable of acting as such, or have renounced;
(c) no executor survives the testator;
(d) all the executors die before obtaining probate or before having administered all the estate of the deceased;
(e) the executors have failed to appear to a citation to prove or renounce probate; or
(f) the executors do not apply for probate,
letters of administration with the will annexed may be granted to such person or persons as the court thinks fit.
(2) 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.]

36. Appointment of administrator of intestate’s estate
Where a person dies wholly intestate as to his estate or leaving a will affecting estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of Hong Kong, or where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such estate, the court may, subject to section 25, appoint such person as the court thinks fit to be such administrator, on his giving such security, if any, as may be required under this Part or as the court may direct, and every such administration may be limited in such manner as the court thinks fit.
[cf. 1857 c. 77 s. 73 U.K.]

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

37. Grant of special administration
(1) 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)
(2) 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.
(3) 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.]

38. Payment of costs relating to special administration
The costs of and incidental to the grant of special administration and the legal proceedings to which a special administrator is a party shall be paid by such person or out of such fund as the court in which the proceedings are pending may direct.
[cf. 1925 c. 49 s. 164 U.K.]

39. Person under 21 as sole executor
(1) 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.
(2) 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.]

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

40. Appointment of administrator pendente lite
(1) 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.
(2) 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.
(3) 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.]

41. Administration pending appeal
All the provisions of section 40 relating to grants of administration pending action shall be deemed to apply to the case of an appeal to the Hong Kong Court of Final Appeal from any decision of the court.
(Amended 25 of 1998 s. 2)

42. Prohibition of executor acting pending administration
Where administration has been granted in respect of any estate of a deceased person, no person shall have power to bring any action, or otherwise to act as executor of the deceased person in respect of the estate comprised in or affected by the grant, until the grant has been recalled or revoked.
[cf. 1925 c. 23 s. 15 U.K.]

43. Rights and liabilities of administrator
Every person to whom administration of the estate of a deceased person is granted shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased.
[cf. 1925 c. 23 s. 21 U.K.]

44. Legal proceedings after revocation of temporary administration
If, while any legal proceeding is pending in any court by or against an administrator to whom a temporary administration has been granted, that administration is revoked, that court may order that the proceeding be continued by or against the new personal representative in like manner as if the same had been originally commenced by or against him, but subject to such conditions and variations, if any, as that court directs.
[cf. 1925 c. 23 s. 17 U.K.]

45. Caveats
A caveat against a grant of probate or administration may be entered in the Registry.
[cf. 1925 c. 49 s. 154 U.K.]