Appointment of administrator of intestate’s estate

Section 36 of Probate And Administration Ordinance states that :

Where a person dies wholly intestate as to his estate or leaving a will affecting estate but without having appointed an executor thereof willing and competent to take probate, or where the executor is, at the time of the death of such person, resident out of Hong Kong, or where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the estate of the deceased person or of any part of such estate, other than the person who, if this Ordinance had not been passed, would by law have been entitled to a grant of administration of such estate, the court may, subject to section 25, appoint such person as the court thinks fit to be such administrator, on his giving such security, if any, as may be required under this Part or as the court may direct, and every such administration may be limited in such manner as the court thinks fit.


Section 25 states probate or administration shall not be granted to more than four persons.


In some cases, the siblings who are entitled to a grant in the same degree, come into dispute on who should be the administrators. Upon the order of the court, an independent professional may be appointed as administrator.


In the Estate of ANG CHIOK, HCCA 261/2012 and In the Estate of Yee Fong, HCCA 4070/2012 are the examples. In both cases, an independent solicitor was appointed as the administrators.

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