3. If a person (other than the executor) keeps the Will and refuses to give it to the executor, what can the executor do?

3. If a person (other than the executor) keeps the Will and refuses to give it to the executor, what can the executor do?

Under r. 49(2) of Non-Contentious Probate Rules (Cap. 10A), the executor may make an ex parte application to the Registrar under s.7(3) of Probate and Administration Ordinance (Cap. 10) for the issue of a subpoena to bring in a will.  The application shall be supported by an affidavit setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control, he may file an affidavit to that effect. It is not a prerequisite to obtain a court order before submitting this application.