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

22. Right of assignee to a grant
(1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace, in the order of priority for a grant of administration, the assignor or, if there are 2 or more assignors, the assignor with the highest priority.
(2) Where there are 2 or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding 4) of them.
(3) In any case where administration is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Registry.

23. Joinder of administrator
An application to join with a person entitled to a grant of administration a person entitled in a lower degree shall, in default of renunciation by all persons entitled in priority to such last-mentioned person, be made to the Registrar and shall be supported by an affidavit by the person entitled by the consent of the person proposed to be joined as personal representative and by such other evidence as the Registrar may require.
(E.R. 1 of 2020)

24. Additional personal representatives
An application under section 25(2) of the Ordinance to add a personal representative shall be made to the Registrar and shall be supported by an affidavit by the applicant by the consent of the person proposed to be added as personal representative and by such other evidence as the Registrar may require.
(E.R. 1 of 2020)

25. Grants where two or more persons entitled in same degree
(1) A grant may be made to any person entitled thereto without notice to any other persons entitled in the same degree.
(2) A dispute between persons entitled to a grant in the same degree shall be brought by summons before the Registrar.
(3) Unless the Registrar otherwise directs, administration shall be granted to a living person in preference to the personal representative of a deceased person who would, if living, be entitled in the same degree and to a person not under disability in preference to an infant entitled in the same degree.
(4) Upon the issue of a summons under paragraph (2) of this rule the person issuing such summons shall enter a caveat.
(5) If a summons is issued under paragraph (2) of this rule the Registrar shall not allow any grant to be sealed until such summons is finally disposed of.

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

26. Exceptions to rules as to priority
(1) Nothing in rule 19, 21, 23 or 25 shall operate to prevent a grant being made to any person to whom a grant may or may require to be made under any enactment.
(2) The rules mentioned in the last foregoing paragraph shall not apply where the deceased died domiciled outside Hong Kong, except in a case to which the proviso to rule 29 applies.

27. Grants to persons having spes successionis
When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has renounced his right to a grant and has consented to administration being granted to a person or persons who would be entitled to his estate if he himself had died intestate, administration may be granted to such person or one or more (not exceeding 4) of such persons:
Provided that a surviving spouse shall not be regarded as a person in whom the estate has vested absolutely unless he would be entitled to the whole of the estate, whatever its value may be.

29. Grants where deceased died outside Hong Kong
Where the deceased died domiciled outside Hong Kong, the Registrar may order that a grant do issue—
(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled;
(b) to the person entitled to administer the estate by the law of the place where the deceased died domiciled;
(c) if there is no such person as is mentioned in paragraphs (a) and (b) of this rule or if in the opinion of the Registrar the circumstances so require to such person as the Registrar may direct;
(d)  if, by virtue of section 25 of the Ordinance, a grant is required to be made to, or if the Registrar in his discretion considers that a grant should be made to, not less than two administrators, to such person as the Registrar may direct jointly with any such person as is mentioned in paragraph (a) or (b) of this rule or with any other person:

Provided that without any such order—
(a) probate of any will which is admissible to proof may be granted—
(i) if the will is in the English or Chinese language, to the executor named therein;
(ii) if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person;
(b) where the whole of the estate in Hong Kong consists of immovable property, a grant limited thereto may be made in accordance with the law which would have been applicable if the deceased had died domiciled in Hong Kong. (L.N. 31 of 1976)

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

30. Grants to attorneys
Where a person entitled to a grant resides outside Hong Kong, administration may be granted to his lawfully constituted attorney for his use and benefit, limited until such person shall obtain a grant or in such other way as the Registrar may direct:
Provided that where the person so entitled is an executor, administration shall not be granted to his attorney without notice to the other executors, if any, unless such notice is dispensed with by the Registrar.

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

31. Grants on behalf of person under 21
(1) Where a person to whom a grant would otherwise be made is under the age of 21 years, administration for his use and benefit until he attains that age shall, subject to paragraphs (3) and (5) of this rule, be granted—
(a) to the parents of the person jointly or to any guardian appointed by the court; or
(b) if there is no such guardian able and willing to act and the person has attained the age of 16 years, to any next of kin nominated by the person or, where the person is a married woman, to any such next of kin or to her husband if nominated by her.
(2) Any next of kin or husband nominated under subparagraph (b) of the last foregoing paragraph may represent any other person whose next of kin he is, being a person below the age of 16 years entitled in the same degree as the person who made the nomination.
(3) Notwithstanding anything in this rule, administration for the use and benefit of the person under the age of 21 years until he attains that age may be granted to any person assigned as guardian by order of the Registrar in default of, or jointly with, or to the exclusion of, any such person as is mentioned in paragraph (1) of this rule; and such an order may be made on application by the intended guardian, who shall file an affidavit in support of the application and, if required by the Registrar, an affidavit of fitness sworn by a responsible person.
(4) Where by virtue of section 25 of the Ordinance, a grant is required to be made to not less than 2 administrators and there is only one person competent and willing to take a grant under the foregoing provisions of this rule, administration may, unless the Registrar otherwise directs, be granted to such person jointly with any other person nominated by him as a fit and proper person to take the grant.
(5) Where a person under the age of 21 years who is sole executor has no interest in the residuary estate of the deceased, administration for the use and benefit of the person until he attains the age of 21 years shall, unless the Registrar otherwise directs, be granted to the person entitled to the residuary estate.
(6) The right to administration of a person under the age of 21 years may be renounced only by a person assigned as guardian under paragraph (3) of this rule and authorized to renounce by the Registrar.
(L.N. 231 of 1990)