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

60C. Certificate for inspection of safe deposit box kept by deceased
(1) The Secretary may—
(a) upon an application made in a manner specified by him;
(b) upon being satisfied by the applicant that a deceased person who dies on or after 11 February 2006 kept— (Amended L.N. 210 of 2005)
(i) a solely rented safe deposit box; or
(ii) a jointly rented safe deposit box,
at a bank immediately before his death; and
(c) upon such proof as he considers sufficient,
issue to the applicant a Certificate for Necessity of Inspection of Bank Deposit Box in respect of the estate of the deceased. 
(2) An application under subsection (1) may be made—
(a) by the executor or any one of the executors of the deceased concerned;
(b) by a person who intends to apply for a grant in respect of the estate of the deceased concerned; or
(c) where the safe deposit box concerned is a jointly rented safe deposit box, by any surviving renter.

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

60G. Secretary may attach condition
(1) The Secretary may attach such condition as he thinks fit to—
(a) a certificate for release of money;
(b) a certificate for inspection; or
(c) an authorization for removal.
(2) The Secretary shall not attach a condition under subsection (1) if it may likely prejudice the legitimate interest of any person in the estate concerned.
(3) A condition attached to a certificate shall be endorsed on the certificate.

60H. Protection of bank staff and bank
As long as an employee of a bank through whom the bank performed its function under section 60B(4), 60D(1), (4) or (6) or 60E(4) has acted in good faith and has exercised due care, the employee and the bank shall not incur any civil liability for—
(a) making payment to the holder of the certificate for release of money pursuant to section 60B(4);
(b) allowing the holder of the certificate for inspection to inspect the safe deposit box under section 60D(1);
(c) closing or sealing the safe deposit box under section 60D(4);
(d) allowing the holder of the certificate for inspection to take possession of anything under section 60D(6); or
(e) allowing the holder of the authorization for removal to take possession of anything under section 60E(4).

60I. Surviving renter’s right subject to this Ordinance in 12 months following death of joint renter
(1) Notwithstanding anything in the contract between a surviving renter of a jointly rented safe deposit box with survivorship arrangement and the bank concerned for the renting of the safe deposit box, his right of access to the contents of the safe deposit box under the contract shall—
(a) (where an inventory is prepared under section 60D(3) in respect of the safe deposit box during the 12 months after the death of the deceased renter concerned) during the 12 months after the death of the deceased renter concerned;
(b) (where no inventory is so prepared during the 12 months after the death of the deceased renter concerned) before the preparation of such inventory,
only be exercisable subject to this Ordinance.
(2) It shall be the obligation of the surviving renter to satisfy the bank as to the date of death of the deceased renter concerned.

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

64. Charges to be paid primarily out of the property charged
(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge; and every part of the said interest, according to its value, shall bear a proportionate part of the charge on the whole thereof.
(2) Such contrary or other intention shall not be deemed to be signified—
(a) by a general direction for the payment of debts or of all the debts of the testator out of his movable property or of his residuary estate; or
(b) by a charge of debts upon any such estate,
unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge.
(3) Nothing in this section affects the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.
[cf. 1925 c. 23 s. 35 U.K.]

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

65. Contracts by personal representative
(1) Subject to the provisions of section 54 every contract entered into by a personal representative in the due administration of an estate shall be binding on and be enforceable against and by any other personal representative for the time being of the deceased, and may be carried into effect or be varied or rescinded by any other such personal representative as if it had been entered into by himself.
(2) Nothing in this section shall affect the right of any person to require an assent, transfer or conveyance to be made.
(3) This section applies whether the testator or intestate died before or after the commencement* of this Ordinance.

Editorial Note:
* Commencement date: 7 October 1971.

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

66. Assent or conveyance by personal representative
(1) A personal representative may assent to the vesting in any person who (whether by devise, bequest, devolution, appropriation or otherwise) may be entitled thereto, either beneficially or as a trustee or personal representative, of any immovable property to which the testator or intestate was entitled or over which he exercised a general power of appointment by his will and which devolved upon the personal representative.
(2) The assent shall operate to vest in that person the estate to which the assent relates, and unless a contrary intention appears, the assent shall relate back to the death of the deceased.
(3) An assent to the vesting of a legal estate shall be in writing, signed by the personal representative, and shall name the person in whose favour it is given, and shall operate to vest in that person the legal estate to which it relates; and an assent not in writing or not in favour of a named person shall not be effectual to pass the legal estate.
(4) A conveyance of a legal estate by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all debts, liabilities, funeral and testamentary or administration expenses, duties, and legacies of the deceased have been discharged or provided for.
(5) An assent or conveyance given or made by a personal representative shall not, except in favour of a purchaser of a legal estate, prejudice the right of a personal representative or any other person to recover the estate to which the assent or conveyance relates, or to be indemnified out of such estate against any duties, debts or liability to which such estate would have been subject if there had not been any assent or conveyance.
(6) A personal representative may, as a condition of giving an assent or making a conveyance, require security for the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties, debt or liability, if reasonable arrangements have been made for the discharging of the same, and an assent may be given subject to any legal estate or charge by way of legal mortgage.
(7) This section applies to assents and conveyances made after the commencement* of this Ordinance, whether the testator or intestate died before or after such commencement*.
[cf. 1925 c. 23 s. 36 U.K.] Editorial Note:
* Commencement date: 7 October 1971.