2. Grant durante absentia
Where a personal representative is residing abroad, an application can be made for a grant of special administration if no previous grant has been made.
Eligibility
The grant will usually be made to the attorney of the person entitled to the grant.
If there is a minority, or if a life interest arises under the will or intestacy, two attorneys or a trust corporation, with or without an individual in addition, must be appointed to obtain the grant: s. 25 of Probate and Administration Ordinance (Cap. 10).
Procedures
Under r. 54 of Non-Contentious Probate Rules (Cap. 10A), an application for an order for a grant of special administration under section 37 of the Ordinance where a personal representative is residing outside Hong Kong shall be made to the court on motion.
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