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

26. Grant of representation to a trust corporation
(1) The court may—
(a) where a trust corporation is named in a will as executor, whether alone or jointly with another person, grant probate to the corporation either solely or jointly with another person, as the case may require; and
(b) grant administration to a trust corporation either solely or jointly with another person,
and the corporation may act accordingly as executor or administrator, as the case may be.
(2) Probate or administration shall not be granted to a syndic or nominee on behalf of a trust corporation.
(3) Any officer authorized for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorized shall be binding on the corporation.
(4) This section shall apply whether the testator or intestate died before or after the commencement* of this Ordinance.
[cf. 1925 c. 49 s. 161 U.K.] Editorial Note:
* Commencement date: 7 October 1971.

27. Right of proving executors to exercise powers
(1) Where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are by law conferred on the personal representative may be exercised by the proving executor or executors for the time being and shall be as effectual as if all the persons named as executors had concurred therein.
(2) This section applies whether the testator died before or after the commencement* of this Ordinance.
[cf. 1925 c.23 s. 8 U.K.] Editorial Note:
* Commencement date: 7 October 1971.

28. Cesser of right of executor to prove
Where a person appointed executor by a will—
(a) survives the testator but dies without having taken out probate of the will; or
(b) is cited to take out probate of the will and does not appear to the citation; or
(c) renounces probate of the will,
his rights in respect of the executorship shall wholly cease, and the representation to the testator, and the administration of his estate shall go, devolve, and be committed in like manner as if such person had not been appointed executor.
[cf. 1925 c. 23 s. 5 U.K.]

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

29. Express renunciation of right to probate
(1) Any person who is or may become entitled to representation may expressly renounce his right to such representation.
(2) Such renunciation may be made orally on the hearing of any petition or probate action by the person renouncing or by counsel on his behalf, or in writing signed by the person so renouncing and attested by a solicitor or by any person before whom an affidavit may be sworn.

30. Constructive renunciation
(1) Any person having or claiming any interest in the estate of a deceased person may cause to be issued a citation directed to the executors appointed by the deceased’s will calling upon them to accept or renounce their executorship.
(2) Any person so cited may enter an appearance to the citation, but if he makes a default in appearance thereto, he shall be deemed to have renounced his executorship; and if, having appeared, he does not proceed to apply for probate, or having applied has failed to prosecute his application with reasonable diligence, the person so citing may apply for an order that the person cited, unless he applies for and obtains probate within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly.

31. Retraction of renunciation
A renunciation of probate or administration may be retracted at any time on the order of the court:
Provided that leave may be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree only if the court is satisfied that such retraction is for the benefit of the estate or persons interested therein.

32. Withdrawal of renunciation
(1) Where an executor who has renounced probate has been permitted, whether before or after the commencement* of this Ordinance, to withdraw the renunciation and prove the will, the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other personal representative who has previously proved the will or taken out letters of administration, and a memorandum of the subsequent probate shall be endorsed on the original probate or letters of administration.
(2) This section applies whether the testator died before or after the commencement* of this Ordinance.
[cf. 1925 c. 23 s. 6 U.K.] Editorial Note:
* Commencement date: 7 October 1971.

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

33. Revocation of grants and removal of executors
(1) Where it appears to the court that a probate or administration either ought not to have been granted or contains an error, the court may call in the probate or administration and if satisfied that it would be revoked at the instance of a party interested, may revoke it.
(2) A probate or administration may be revoked under subsection (1) without being called in if it cannot be called in.
(3) The court may, if satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, suspend or remove an executor or administrator (other than the Official Administrator) and provide for the succession of another person in place of such executor or administrator and for the vesting in that other person of any property belonging to the estate.
[cf. 1956 c. 46 s. 17 U.K.]

34. Executor of executor represents original testator
(1) An executor of a sole or last surviving executor of a testator is the executor of that testator.
(2) Subsection (1) shall not apply to an executor who does not prove the will of his testator, and, in the case of an executor who on his death leaves surviving him some other executor of his testator who afterwards proves the will of that testator it shall cease to apply on such probate being granted.
(3) So long as the chain of such representation is unbroken, the last executor in the chain is the executor of every preceding testator.
(4) The chain of such representation is broken by—
(a) an intestacy; or
(b) the failure of a testator to appoint an executor; or
(c) the failure to obtain probate of a will,
but is not broken by a temporary grant of administration if probate is subsequently granted.
(5) Every person in the chain of representation to a testator—
(a) has the same rights in respect of the estate of that testator as the original executor would have had if living; and
(b) is, to the extent to which the estate of that testator has come to his hands, answerable as if he were an original executor.
[cf. 1925 c. 23 s. 7 U.K.]