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

9. Engrossments for purposes of record
(1) Where the Registrar considers that in any particular case a photographic copy of the original will would not be satisfactory for purposes of record, he may require an engrossment suitable for photographic reproduction to be lodged.
(2) Where a will contains alterations which are not admissible to proof, there shall be lodged an engrossment of the will in the form in which it is to be proved.
(3) Any engrossment lodged under this rule shall reproduce the punctuation, spacing and division into paragraphs of the will and, if it is one to which paragraph (2) of this rule applies, it shall be made bookwise on durable paper following continuously from page to page on both sides of the paper.
(4) Where any pencil writing appears on a will, there shall be lodged a copy of the will or of the pages or sheets containing the pencil writing, in which there shall be underlined in red ink those portions which appear in pencil in the original.

10. Evidence as to due execution of will
(1) Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the Registrar that there is some doubt about the due execution of the will, he shall, before admitting it to proof, require an affidavit as to due execution from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present at the time the will was executed:
Provided always that if a will is in Chinese characters and appears to be satisfactorily executed by the testator the Registrar may assume without further inquiry that the will has been properly executed.
(2) If no affidavit can be obtained in accordance with the last foregoing paragraph, the Registrar may, if he thinks fit having regard to the desirability of protecting the interests of any person who may be prejudiced by the will, accept evidence on affidavit from any person he may think fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the due execution of the will.
(3) If the Registrar, after considering the evidence—
(a) is satisfied that the will was not duly executed, he shall refuse probate and shall mark the will accordingly;
(b) is doubtful whether the will was duly executed, he may require the matter to be referred to the court on motion.

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

11. Execution of will of blind or illiterate testator
Before admitting to proof a will in the English or Chinese language which appears to have been signed by a blind or illiterate testator or a testator not having a literate knowledge of that language or by another person by direction of the testator, or which for any other reason gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the Registrar shall satisfy himself that the testator had such knowledge.
(67 of 1999 s. 3)

12. Evidence as to terms, condition and date of execution of will
(1) Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by the Wills Ordinance (Cap. 30) or by the reexecution of the will or by the execution of a codicil, the Registrar shall require evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved:
Provided that this paragraph shall not apply to any alteration which appears to the Registrar to be of no practical importance.
(2) If from any mark on a will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Registrar may require the document to be produced and may call for such evidence in regard to the attaching or incorporation of the document as he may think fit.
(3) Where there is doubt as to the date on which a will was executed, the Registrar may require such evidence as he thinks necessary to establish the date.

13. Attempted revocation of will
Any appearance of attempted revocation of a will by burning, tearing, or otherwise, and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the Registrar’s satisfaction.

14. Affidavit as to due execution, terms, etc. of will
The Registrar may require an affidavit from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 11, 12 and 13, and in any such affidavit sworn by an attesting witness or other person present at the time of the execution of a will the deponent shall depose to the manner in which the will was executed.

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

16. Wills of persons on military service and seamen
If it appears to the Registrar that there is prima facie evidence that a will is one to which section 6 of the Wills Ordinance (Cap. 30), as amended by any subsequent enactment, applies, the will may be admitted to proof if the Registrar is satisfied that it was signed by the testator or, if unsigned, that it is in the testator’s handwriting.

18. Evidence of foreign law
Where evidence of the law of a country or place outside Hong Kong is required on any application for a grant the affidavit of any person who is an expert of the law of that country or place may be accepted by the Registrar.
(23 of 1998 s. 2)

19. Order of priority for grant where deceased left a will
The person or persons entitled to a grant of probate or administration with the will annexed shall be determined in accordance with the following order of priority, namely—
(i) the executor;
(ii) any residuary legatee or devisee holding in trust for any other person;
(iii) any residuary legatee or devisee for life;
(iv) the ultimate residuary legatee or devisee or, where the residue is not wholly disposed of by the will, any person entitled to share in the residue not so disposed of (including the Official Administrator) or, subject to rule 25(3), the personal representative of any such person:
Provided that where the residue is not in terms wholly disposed of, the Registrar may, if he is satisfied that the testator has nevertheless disposed of the whole or substantially the whole of the estate as ascertained at the time of the application for the grant, allow a grant to be made (subject however to rule 37) to any legatee or devisee entitled to, or to a share in, the estate so disposed of, without regard to the persons entitled to share in any residue not disposed of by the will;
(v) any specific legatee or devisee or any creditor or, subject to rule 25(3), the personal representative of any such person or, where the estate is not wholly disposed of by the will, any person who, notwithstanding that the amount of the estate is such that he has no immediate beneficial interest therein, may have a beneficial interest in the event of an accretion thereto;
(vi) any legatee or devisee, whether residuary or specific, entitled on the happening of any contingency, or any person having no interest under the will of the deceased who would have been entitled to a grant if the deceased had died wholly intestate.

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

20. Grants to attesting witnesses etc.
Where a gift to any person fails by reason of section 10 of the Wills Ordinance (Cap. 30) (which provides that gifts to attesting witnesses or their spouses shall be void), such person shall not have any right to a grant as a beneficiary named in the will, without prejudice to his right to a grant in any other capacity.