Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 49AA

Application for sealing of grant to be supported by affidavit

(Past version on 11/02/2006).

Due to technical constraints, sections 49A, 49AA and 49AB of this Ordinance
are placed after section 49 in the BLIS system. The correct sequence of the
sections should be "49, 49AA, 49AB, 49A".

(1) In this section—

   (a)  “assets” means assets in the form of real property or personal
        property situated in Hong Kong;

   (b)  “liabilities”, in relation to a deceased person, means—

        (i)    liabilities contracted by the deceased in Hong Kong to persons
               ordinarily resident in Hong Kong; or

        (ii)   any other liabilities contracted by the deceased and charged on
               any property of the deceased situated in Hong Kong.

(2) An application for sealing of a grant under section 49 in respect of the
estate of a person who dies on or after 11 February 2006 shall be— (Amended
L.N. 210 of 2005)

   (a)  supported by an affidavit sworn by the applicant and filed by him with
        the Registry; and

   (b)  accompanied by a duplicate of the schedule exhibited by such affidavit
        under subsection (3).

(3) An affidavit referred to in subsection (2) shall exhibit a schedule
setting out the assets and liabilities of the deceased as at the date of his
death (including assets and liabilities of the deceased in the capacity of a
trustee or the manager of a Tso or Tong) known to the applicant.

(4) If, before the court seals the grant under section 49, any inaccuracy in a
schedule exhibited under subsection (3) or an additional schedule exhibited
under subsection (5) comes to the knowledge of the applicant concerned, he
shall file—

   (a)  a corrective affidavit; and

   (b)  a duplicate of the additional schedule exhibited by such affidavit
        under subsection (5), with the Registry.

(5) A corrective affidavit referred to in subsection (4) shall exhibit an
additional schedule setting out—

   (a)  the details of the inaccuracy in a schedule exhibited under subsection
        (3) or an additional schedule exhibited under this subsection; and

   (b)  (where applicable) the assets and liabilities of the deceased as at
        the date of his death known to the applicant that should have been set
        out in that schedule but are not so set out.

(6) Where the grant if and when sealed will cover only a part of the estate of
the deceased, the reference to “the assets and liabilities of the
deceased” in subsection (3) or (5) shall be construed to mean the assets and
liabilities of the deceased constituting that part of the estate.

(7) The duplicate schedule referred to in subsection (2)(b) and any duplicate
additional schedule filed under subsection (4) in respect of an application
for sealing of a grant shall be annexed to the instrument effecting the
sealing.

(8) If, after the court seals a grant under section 49, any inaccuracy in a
schedule or additional schedule annexed to the instrument effecting the
sealing comes to the knowledge of the executor or administrator, he shall—

   (a)  file—

        (i)    a corrective affidavit; and

        (ii)   a duplicate of the additional schedule exhibited by such
               affidavit under subsection (9), with the Registry; and

   (b)  deliver the grant and the instrument effecting the sealing to the
        Registry together with such affidavit.

(9) A corrective affidavit referred to in subsection (8)(a) shall exhibit an
additional schedule setting out—

   (a)  the details of the inaccuracy in the schedule or additional schedule
        annexed under subsection (7) to the instrument effecting the sealing
        of the grant; and

   (b)  (where applicable) the assets and liabilities of the deceased as at
        the date of his death known to the executor or administrator that
        should have been set out in that schedule but are not so set out.

(10) Where a grant as sealed covers only a part of the estate of a deceased
person, the reference to “the assets and liabilities of the deceased” in
subsection (9) shall be construed to mean the assets and liabilities of the
deceased constituting that part of the estate.

(11) Where an instrument effecting the sealing of a grant is delivered to the
Registry under subsection (8)(b), the court may—

   (a)  amend the instrument appropriately (if necessary); and

   (b)  return the grant and the instrument to the executor or administrator
        with the duplicate additional schedule filed under subsection
        (8)(a)(ii) annexed to the instrument without removing any duplicate
        schedule or duplicate additional schedule previously annexed to the
        instrument.

(12) Notwithstanding subsections (6) and (10), the court or the Registrar may
require an applicant for the sealing of a grant or an executor or
administrator to file an affidavit exhibiting a schedule setting out all of
the assets and liabilities of a deceased person as at the date of his death
known to the applicant, executor or administrator despite the grant if and
when sealed will cover, or the grant as sealed covers, as the case may be,
only a part of the estate.

(13) For the avoidance of doubt, the value of assets other than cash does not
have to be stated in a schedule or an additional schedule exhibited under this
section.

(14) An affidavit or corrective affidavit referred to in subsection

(2), (4), (8) or (12) shall verify the truthfulness and correctness of the
schedule or additional schedule exhibited by it to the best of the knowledge,
information and belief of the person by whom it is sworn.

(15) An affidavit, a corrective affidavit, a schedule or an additional
schedule referred to in this section shall be in a form specified by the
Registrar by general notice published in the Gazette. (Added 21 of 2005 s. 28)
“assets” “liabilities” “the assets and liabilities of the
deceased”