The Owner Particulars show 'CHAN TAI KEUNG, executor of the estate of CHAN WING, deceased, by Probate (memorial no. 21031500456789)'. Which of the following is/are correct? (i) Mr Chan Tai Keung is dealing with the flat as personal representative. (ii) If there are two executors, both must sign the agreement and the assignment. (iii) The probate shows a court has confirmed the executor's authority under the will. (iv) The beneficiaries named in the will can sell the flat without the executor.
Answer: (i), (ii) and (iii) only. (i) True. An executor sells in the capacity of personal representative. (ii) True. All personal representatives must act jointly in dealing with the property and sign together. (iii) True. A grant of probate is the High Court's confirmation of the executor's authority. (iv) False. Beneficiaries do not hold the legal title during administration; the executor does. Rule: Where the owner is an executor under a grant of probate or an administrator under letters of administration, he sells as personal representative, and all personal representatives must join in signing. Source: Probate and Administration Ordinance (Cap. 10); EAA, A Study Guide to Estate Agency Law and Practice, Part 4; as at Oct 2026
Letting beneficiaries sign instead of the personal representatives.
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