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.
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).
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.