Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 3

Jurisdiction of the court in probate and administration

Caution: This is a past version. See the current version here.

PART I

JURISDICTION AND POWERS OF THE COURT

(1) The court shall have jurisdiction in all matters relating to probate and
administration of deceaseds' estates, with power to grant probates of wills
and letters of administration to the estates of deceased persons and to alter
or revoke such grants.

(2) The court shall have jurisdiction to make a grant of probate or
administration in respect of a deceased person notwithstanding that the
deceased person left no estate. [cf. 1932 c. 55 s. 2 U.K.]

(3) The court shall have jurisdiction to reseal grants of probate and letters
of administration made by a court of probate in any part of the Commonwealth
or by a British court having jurisdiction outside the Commonwealth in
pursuance of an Order in Council (whether made under any Act of the Parliament
of the United Kingdom or otherwise) in accordance with the provisions of Part
IV of this Ordinance.

(4) Where a testator gives, devises or bequeaths any part of his estate for
unspecified charitable purposes, otherwise than on trust, the court shall have
jurisdiction, on the application of the Attorney General, to approve a scheme
for the disposal of the gift, devise or bequest for such charitable purposes
as it thinks fit. (Added 13 of 1995 s. 51)