Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 60D

Inspection of safe deposit box and inventory of contents

(Past version on 11/02/2006).

(1) If—

   (a)  the Secretary issues a certificate for inspection relating to a safe
        deposit box in respect of the estate of the deceased; and

   (b)  the holder of the certificate—

        (i)    presents the certificate to the bank concerned; and

        (ii)   produces sufficient proof of his identity to the bank, the bank
               shall allow the holder of the certificate to inspect, subject
               to the condition attached to the certificate under
               section 60G(1) (if any) and in the presence of such public
               officers as the Secretary may authorize and an employee of the
               bank, all items contained in the box only for any or both of
               the purposes prescribed in subsection (2).

(2) The prescribed purposes referred to in subsection (1) are—

   (a)  ascertaining whether there is any will of the deceased or similar
        instrument in the safe deposit box;

   (b)  preparing an inventory under subsection (3).

(3) After a safe deposit box has been inspected pursuant to subsection (1) by
the holder of a certificate for inspection, the holder shall, where—

   (a)  the safe deposit box is a jointly rented safe deposit box of which he
        is a surviving renter;

   (b)  no will of the deceased concerned or similar instrument is found in
        the safe deposit box;

   (c)  a will of the deceased or similar instrument naming him as the
        executor or one of the executors of the deceased concerned is found in
        the safe deposit box; or

   (d)  the Secretary includes in the certificate a statement that he has been
        satisfied by the holder that a will of the deceased or similar
        instrument has been found in the safe deposit box and that—

        (i)    the will or instrument is not valid; or

        (ii)   no executor is named in the will or instrument or that the
               executor or all executors named in the will or instrument—
               (A) cannot be located; (B) refuse to act as executor; (C) have
               died; or (D) are otherwise not capable of acting as executor,
               prepare, in the presence of the public officers and the
               employee of the bank, an inventory of the articles and
               documents contained in the safe deposit box.

(4) If—

   (a)  a will of the deceased concerned or similar instrument is found in a
        safe deposit box upon an inspection made pursuant to a certificate for
        inspection;

   (b)  (i) the holder of the certificate is not a surviving renter of the
        safe deposit box; and

        (ii)   (A) the holder of the certificate is not the person or one of
               the persons named in the will or instrument as the executor or
               executors of the deceased concerned; or (B) no executor is
               named in the will or instrument; and

   (c)  the certificate does not contain a statement of the Secretary referred
        to in subsection (3)(d), the employee of the bank shall immediately—

   (d)  make a copy of the will or instrument;

   (e)  put the will or instrument back into the safe deposit box;

   (f)  close or seal the box; and

   (g)  hand over the copy of the will or instrument to the public officers
        present.

(5) A copy of a will or similar instrument made under subsection

(4)(d ) shall be kept—

   (a)  by the Secretary for a period of 6 years after it is made; and

   (b)  either—

        (i)    in a legible form; or

        (ii)   in a non-legible form capable of being reproduced in a legible
               form.

(6) Where—

   (a)  a will of the deceased concerned or similar instrument is found in a
        safe deposit box inspected pursuant to subsection (1); and

   (b)  the holder of the relevant certificate for inspection is named in the
        will or instrument as the executor or one of the executors of the
        deceased concerned, the bank shall allow the holder of the certificate
        to, subject to the condition attached to the certificate under
        section 60G(1) (if any), take possession of the will or instrument
        after placing a copy of it in the safe deposit box.

(7) The truthfulness and correctness of an inventory prepared under subsection
(3) shall be verified by—

   (a)  the public officers present at the inspection; and

   (b)  the holder of the certificate for inspection who prepared the
        inventory, by signing on the inventory.

(8) A copy of an inventory prepared under subsection (3) shall be kept by the
bank. Another copy shall be kept by the Secretary.

(9) A copy of an inventory kept under subsection (8) shall be kept—

   (a)  for a period of 6 years after the preparation of the inventory; and

   (b)  either—

        (i)    in a legible form; or

        (ii)   in a non-legible form capable of being reproduced in a legible
               form.

(10) Where a copy of a will or similar instrument is kept by the Secretary
under subsection (5), the Secretary may—

   (a)  upon an application made in a manner specified by him;

   (b)  upon being satisfied that—

        (i)    the applicant intends to apply for a grant in respect of the
               estate of the deceased concerned; and

        (ii)   the will or instrument is necessary for or relevant to the
               application for a grant; and

   (c)  upon payment of a fee specified by the Secretary, provide to the
        applicant a copy of the copy of the will or instrument kept by the
        Secretary.

(11) Where an inventory has been prepared under subsection (3) in respect of a
safe deposit box, the Secretary may—

   (a)  upon an application made in a manner specified by him;

   (b)  upon being satisfied that the applicant—

        (i)    has a legitimate interest in the estate of the deceased
               concerned; or

        (ii)   (in the case of a jointly rented safe deposit box) is a
               surviving renter of the safe deposit box; and

   (c)  upon payment of a fee specified by the Secretary, provide to the
        applicant a copy of the copy of the inventory kept by him under
        subsection (8). (Amended 10 of 2008 s. 64) (Part VA added 21 of 2005
        s. 23)