If the personal representative steals form the estate, he/she may further be criminally liable. A personal representative has to account to the beneficiaries as to the aforesaid from time to time during administration e.g. every 3, 6 or 12 months. It is prudent for the personal representative to require the beneficiary to issue a signed receipt upon distribution so as to avoid unnecessary disputes down the road. In such case, unless the overall assets of the estate is not enough to pay off its debt and hence the specific gift has to be sold too, the beneficiary has the right to insist on taking that particular gift. In collecting the assets, the personal representative must act with due diligence, meaning to take reasonable steps to collect all assets due to the deceased as quickly as practically possible. A personal representative needs to register the grant of representation at the Land Registry before he/she can effectively deal with the property.
It is possible to revoke a grant of probate or administration if there is a valid reason, and a new grant can be issued instead. The grant will usually be made to the attorney of the person entitled to the grant. Since grants have not been made in respect of the estates of my father and mother, I must apply for them. A grant de bonis non may be made to any person who is equally entitled as the previous grantee. If he is not entitled under r.21 of Non-Contentious Probate Rules (Cap. 10A), he may apply for the Court to invoke its power under s.36 of Probate and Administration Ordinance (Cap. 10) to pass over a person entitled as an administrator to him.

What should the executor/administrator do if he has lost the Grant?

There are three stages in relation to the implementation of the abolition of estate duty. Simply speaking, the estate duty payable is a percentage of the value of the estate. In theory, the scope of the Inheritance (Provision for Family and Dependants) Ordinance also covers the case of a person who died intestate (without leaving a Will).

• (2) give details of movement of assets, incomes and expenditure of the estate;
• No matter whether you are a vendor or a purchaser, the first party that you have to deal with is normally the estate agent.
• If the answer is no, the deceased will die intestate.
• There are three stages in relation to the implementation of the abolition of estate duty.
• Generally speaking, if such deceased gives a general gift of e.g.
• In most cases, there is an assumption that a testator has the necessary mental capacity to make his will and there is no need to provide evidence of it.

If the executor refuses to take up the appointment, you should use Form C2.2 to call upon the executor to accept or refuse probate under r.46(1) of the Non-Contentious Probate Rules (Cap. 10A). You may apply for the issuance of a citation by the Probate Registry to the executor under s.30(1) of Probate and Administration Ordinance (Cap. 10). Yes, if the person has an interest in a deceased’s estate.

Can a beneficiary refuse to take up the entitlement to an estate?

Under ss.21(1) and (2) of Non-Contentious Probate Rules (Cap. 10A), my father and I do not have a beneficial interest in the estate. He must prove that the potential administrator is clearly unsuitable e.g. he is missing or refuses to apply for the Letters of Administration. It ranges from one to four, except where life or minority interests are involved, in which case a minimum of two individuals are required unless the grantee is a trust corporation.

Revocation of grants

• The personal representative has to take reasonable steps to make sure that there is no outstanding debt owed by the estate before distribution.
• Physically handicapped though he is, Son C has been a loving and caring son to the deceased.
• If a Will is found, the Holder (if he/she is the named executor) can take the Will away after making a copy of the same and placing the copy in the safe deposit box.
• Therefore, his/her authority and duty as an executor starts from the very moment the testator (the “Will-maker”) dies.
• However, we may also apply for the Court to invoke its power under s.36 of Probate and Administration Ordinance (Cap. 10) to appoint us to be the administrators of the estate.
• The testator must check and confirm the name, address and the charitable status of the charity.

It is not a prerequisite to obtain a court order before submitting this application. The application shall be supported by an affidavit setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control, he may file an affidavit to that effect. 49(2) of Non-Contentious Probate Rules (Cap. 10A), the executor may make an ex parte application to the Registrar under s.7(3) of Probate and Administration Ordinance (Cap. 10) for the issue of a subpoena to bring in a will. If the Court admits the copy will to probate, the order normally includes a direction that the grant is limited until the original will or a more authentic copy will has been proved. In order to have the copy will admitted to probate, an application must be made to the Registrar under r.53 of the Non-Contentious Probate Rules (Cap. 10A).

If the personal representative fails to administer the estate properly, what can the beneficiary do?

An ex parte application must be filed to rebut the presumption. Where the original will is lost, mislaid, or not available, and when an applicant is applying to admit a copy, a rebuttable presumption of revocation arises. If the will is lost, the grant made is limited until the original or a more authentic copy is proved. Where the will is lost and there are no available copies of the will, an application for an order admitting proof of other evidence of its contents can be made to the Registrar under r.53 of Non-contentious Probate Rules (Cap. 10A). In writing signed by him and attested by a solicitor or by any person before whom an affidavit may be sworn. Renounce orally on the hearing forzabet of any petition or probate action by counsel on his behalf; or
Another exception is a spouse’s right of first refusal over the matrimonial property. The same costs concerns set out above apply more or less equally to the defence of a claim. All the other joint tenant(s) need(s) to do is to register the death certificate of the deceased joint tenant. For other pension schemes, you need to refer to the scheme documents and contact the person-in-charge accordingly. For more details about death registration, please visit the Immigration Department’s website. It is a criminal offence to refuse or, without reasonable excuse, omit to register a death as required by law punishable by a fine of HK$2,000 or up to 6 months’ imprisonment.
It is typically used when a testator wishes to make minor changes to their existing will by adding, amending, or revoking part of it. A codicil is a legal document that supplements a will. If the answer is no, the deceased will die intestate.

Can probate be applied for if the original Will is lost and there is only a copy of the Will?

A personal representative has the duty to account to the beneficiaries for the estate. Generally speaking, a personal representative has the powers to sell the assets of the estate for the purpose of paying debts or expenses of the estate or for the purpose of distribution. Likewise, a personal representative has the powers to defend the estate in a legal action and to reach settlement with the claimant. In particular, a person representative has the power to commence legal proceedings to collect assets for the estate, including but not limited to obtain a freezing order against the party holding the assets so that that party cannot dispose of those assets until court order.
For instance, false representation was made to the testator and relied by the testator to execute the will, clauses were inserted in the will before it is signed without the testator’s knowledge. Where the testator executed a will that he did not know or approve because of one’s deceptive behaviour, the Court may find that the will was invalid on the ground of fraud. However, those who allege must prove and the Court requires evidence of such undue influence or coercion, rather than speculation of what the testator had or had not done or should or should not do.

Book traversal links for 1. Payment of Debts and Funeral Expenses

The High Court also has the power to appoint a person who is not in the above hierarchy to administer the estate. This Personal Representative has the authority to deal with the deceased’s estate, such as to manage and distribute the relevant assets to the beneficiaries. Whilst a Grant of Letters of Administration is a Grant given to an administrator who is the next-of-kin (e.g. the deceased’s spouse, child or parent, etc.) where there is no Will, or where no executor has been appointed in the Will. A Grant of Probate is a Grant given to the executor (or executrix, in case of a female) named in the last Will of the deceased person.