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

32. Grants where co-executor is a person under 21
(E.R. 1 of 2020)(1) Where one of 2 or more executors is a person under the age of 21 years, probate may be granted to the other executor or executors not under the age of 21 years nor under disability, with power reserved of making the like grant to the first mentioned executor on his attaining the age of 21 years, and administration for the use and benefit of the first mentioned executor until he attains the age of 21 years may be granted under rule 31 if and only if the executors who are not under the age of 21 years nor under disability renounce, or, on being cited to accept or refuse a grant, fail to make an effective application therefor.
(2) The right of an executor under the age of 21 years to be granted probate on attaining that age may not be renounced by any person on his behalf.
(L.N. 231 of 1990)

33. Grants in case of mental or physical incapacity
(1) Where the Registrar is satisfied that a person entitled to a grant is by reason of mental or physical incapacity incapable of managing his affairs administration for his use and benefit limited during his incapacity or in such other way may be granted—
(i) if the person incapable is entitled as executor, to the person entitled to the residuary estate of the deceased;
(ii) if the person incapable is entitled otherwise than as an executor, to the person who would be entitled to a grant in respect of his estate if he had died intestate.
(2) No grant of administration shall be made under this rule unless all persons entitled in the same degree as the person incapable have been cleared off.
(3) In the case of physical incapacity, notice of intended application under this rule shall be given to the person alleged to be incapable.

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

34. Grants to trust corporations and other corporate bodies
(1) Where a trust corporation applies for a grant through one of its officers such officer shall lodge a certified copy of the resolution authorizing him to make the application and shall depose in the oath that the corporation has been certified as being a trust corporation as provided by section 78 of the Trustee Ordinance (Cap. 29) and that it has power to accept a grant:
Provided that it shall not be necessary to lodge a certified copy of the resolution where the trust corporation is represented by a person holding an official position if the person through whom the application is made is included in a list filed with the Registrar of persons authorized to make such applications.
(2) Where a trust corporation applies for a grant of administration otherwise than as attorney for some person, there shall be lodged with the application the consents of all persons entitled to a grant and of all persons interested in the residuary estate of the deceased, unless the Registrar directs that such consents be dispensed with on such terms, if any, as he may think fit.
(3) Where a corporation (not being a trust corporation) would, if an individual, be entitled to a grant, administration for its use and benefit, limited until further representation is granted, may be granted to its nominees or, if the corporation has its principal place of business outside Hong Kong, its nominees or lawfully constituted attorney, and a copy of the resolution appointing the nominee or, as the case may be, the power of attorney sealed by the corporation or otherwise authenticated to the Registrar’s satisfaction, shall be lodged with the application for a grant, and the oath shall state that the corporation is not a trust corporation.
(4) Where a corporation (not being a trust corporation) applies for a grant the Registrar may, in his discretion, grant administration to its nominee, for its use and benefit, limited until further representation is granted, and a copy of the resolution appointing the nominee sealed by the corporation or otherwise authenticated to the Registrar’s satisfaction, shall be lodged with the application for a grant, and the oath shall state that the corporation is not a trust corporation.

35. Renunciation of probate and administration
(1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have to a grant of administration in some other capacity unless he expressly renounces such right.
(2) Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant thereof in some other capacity.

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

37. Notice to Government of intended application for grant
In any case in which it appears that the Government is or may be beneficially interested in the estate of a deceased person, notice of intended application for a grant shall be given by the applicant to the Official Administrator, and the Registrar may direct that no grant shall issue within a specified time after the notice has been given.
(67 of 1999 s. 3)

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

41. Sureties on resealing
On an application for the resealing of a grant of administration under Part IV of the Ordinance—
(a) the Registrar shall not require sureties under section 46 of the Ordinance as a condition of sealing the grant except where it appears to him that the grant is made to a person or for a purpose mentioned in paragraphs (a) to (f) of rule 38(1) or except where he considers that there are special circumstances making it desirable to require sureties;
(b) rules 5(4) and 38(2), (4), (5) and (6) shall apply with any necessary modifications; and
(c) a guarantee entered into by a surety for the purposes of the said section 46 shall be in the specified form. (L.N. 33 of 1992)

41A. Application for leave to sue on guarantee
An application for leave under section 47(2) of the Ordinance to sue a surety on a guarantee given for the purposes of section 46 of the Ordinance shall, unless the Registrar otherwise directs under rule 60, be made by summons to the Registrar, and notice of the application shall in any event be served on the administrator, the surety and any co-surety.

43. Application for grant to be supported by documents required under the Estate Duty Ordinance
Where the Estate Duty Ordinance (Cap. 111) applies in relation to the estate of a person, an application for the grant in respect of the estate shall be supported by such documents as may be required under that Ordinance.
(21 of 2005 s. 33)

44. Caveats
(1) Any person who wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry.
(2) Any person who wishes to enter a caveat (in this rule called the caveator

45. Citations
(1) Every citation shall be settled by the Registrar before being issued.
(2) Every averment in a citation, and such other information as the Registrar may require, shall be verified by an affidavit sworn by the person issuing the citation (in these rules called the citor