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

57. Protection of persons acting on probate or administration
(1) 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.]
(2) 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.]
(3) 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.]
(4) 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.]

Editorial Note:
* Commencement date: 7 October 1971.

58. Liability of a person fraudulently obtaining or retaining estate of deceased
If any person, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any movable or immovable property of a deceased person or effects the release of any debt or liability due to the estate of the deceased, he shall be charged as executor in his own wrong to the extent of the property received or coming into his hands, or the debt or liability released, after deducting—
(a) any debt for valuable consideration and without fraud due to him from the deceased person at the time of his death; and
(b) any payment made by him which might properly be made by a personal representative.
[cf. 1925 c. 23 s. 28 U.K.]

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

59. Liability of estate of personal representative
Where a person as personal representative of a deceased person (including an executor in his own wrong) wastes or converts to his own use any part of the property of the deceased, and dies, his personal representative shall, to the extent of the available assets of the defaulter, be liable and chargeable in respect of such waste or conversion, in the same manner as the defaulter would have been if living.
[cf. 1925 c. 23 s. 29 U.K.]

60. Allowance of remuneration to executor, administrator or attorney
(1) 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.
(2) (a) No allowance shall be made to any executor or administrator or attorney who neglects to pass his accounts at such time, or to dispose of any moneys, goods, chattels, or securities with which he is chargeable in such manner as may be required by probate rules and orders.
(b) No such remuneration shall exceed five per cent on the first $1,000, two and a half per cent on the next $4,000 and one per cent on the balance of the gross value of all property of whatsoever nature administered. (Amended E.R. 5 of 2020)

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

60A. Interpretation of Part VA
In this Part—
authorization for removal (取去物品授權書) means an Authorization for Removal from Bank Deposit Box issued under section 60E(1) or (2);
bank (銀行) has the same meaning as in the Banking Ordinance (Cap. 155);
certificate for inspection (檢視證明書) means a Certificate for Necessity of Inspection of Bank Deposit Box issued under section 60C(1);
certificate for release of money (支用款項證明書) means a Certificate for Necessity of Release of Money issued under section 60B(1);
jointly rented safe deposit box (聯名租用保管箱) means a safe deposit box jointly kept at a bank in the names of 2 or more persons;
jointly rented safe deposit box with survivorship arrangement (有尚存安排聯名租用保管箱) means a jointly rented safe deposit box kept pursuant to an agreement under the terms of which the access to the contents of the box of any of the renters of the box is not affected by the death of any other renter of the box;
solely rented safe deposit box (單人租用保管箱) means a safe deposit box kept at a bank in the sole name of a person;
surviving renter (尚存租用人), in relation to a jointly rented safe deposit box, means, where any renter in whose name the box is kept dies, any surviving renter in whose name the box is kept.

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

60B. Certificate for releasing money from bank account of deceased
(1) The Secretary may—
(a) upon an application made—
(i) in respect of the estate of a deceased person who dies on or after 11 February 2006; and (Amended L.N. 210 of 2005)
(ii) in a manner specified by the Secretary; 
(b) upon being satisfied by the applicant that the deceased person maintained an account in his sole name with a bank immediately before his death; and
(c) upon such proof as he considers sufficient,
issue to the applicant a Certificate for Necessity of Release of Money in respect of the estate.
(2) An application made under subsection (1)(a) in respect of the estate of a deceased person—
(a) subject to paragraph (b), shall be made by a person who intends to apply for a grant in respect of the estate; and
(b) may, where it is made only for the purpose described in subsection (3)(a), be made by any person who appears to the Secretary to be a fit and proper person to be the holder of the certificate applied for.
(3) 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—
(a) meeting the funeral expenses of the deceased person;
(b) maintenance of any person who—
(i) was dependent on the deceased immediately before his death; and
(ii) appears to the Secretary to have an interest in the estate of the deceased.
(4) If—
(a) the Secretary issues a certificate for release of money relating to a bank account in respect of the estate of the deceased person; and
(b) the holder of the certificate—
(i) presents the certificate to the bank concerned; and
(ii) produces sufficient proof of his identity to the bank,
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.