Grants where deceased died outside Hong Kong

Rule 29 of Non-Contentious Probate Rule states that :

Where the deceased died domiciled outside Hong Kong, the Registrar may order that a grant do issue :

(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled ;

The rule under r.29(a) is invoked when an applicant has already obtained a grant in the court of the place where a deceased died domiciled, but resealing of that foreign grant is not permissible.

(b) to the person entitled to administer the estate by the law of the place where the deceased died domiciled ;

The rule under r.29(b) is invoked when a deceased died domiciled in a country or place that does not require an formal grant to be obtained for the purpose of administration of a deceased’s estate, in other words, in places where the concept of grant does not exist at all.

For the deceased of Mainland, applications require evidence on foreign law showing an applicant’s entitlement to administration or to a grant according to the law of the place of a deceased’s domiciled, as r.29(b) applies.

 

Along with this rule, r.38(1)(f) requires a guarantee given by two sureties as a condition of granting administration to an applicant who is resident elsewhere than in Hong Kong. An application to the Registrar may be made to dispense with this requirement.

 

(c) if there is no such person as is mentioned in paragraphs (a) and (b) of this rule or if in the opinion of the Registrar the circumstances so require to such person as the Registrar may direct.

 

The rule under r.29(c) usually applies in respect of those countries or places in which a grant is required to administer the estate at the country or place where the deceased died domiciled but no such grant has been made because, for example, no estate is left there.