Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 55A

Rules concerning commencement of proceedings in respect of estates of deceased persons

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 The power to
make rules of court under section 54 shall include power by any such rules to
make provision-

   (a)  for enabling proceedings to be commenced in the Court of First 
        Instance against the estate of a deceased person (whether by the
        appointment of a person to represent the estate or otherwise) where no
        grant of probate or administration has been made;

   (b)  for enabling proceedings purporting to have been commenced in the
        Court of First Instance by or against a person to be treated, if he
        was dead at their commencement, as having been commenced by or
        against, as the case may be, his estate whether or not a grant of
        probate or administration was made before their commencement; and

   (c)  for enabling any proceedings commenced or treated as commenced in the
        Court of First Instance by or against the estate of a deceased person
        to be maintained (whether by substitution of parties, amendment or
        otherwise) by or against, as the case may be, a person appointed to
        represent the estate or, if a grant of probate or administration is or
        has been made, by or against the personal representatives. (Added 52
        of 1987 s. 42. Amended 25 of 1998 s. 2) [cf. 1981 c. 54 s. 87(2) U.K.]