Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 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.]