Instead, he may apply for an order admitting proof of other evidence of its contents can be made to the Registrar under r.53 of Non-Contentious Probate Rules (Cap. 10A). If the testator has publicized the existence of his Will during his lifetime, the applicant may not be able to swear to the intestacy of the deceased. We must prove that the potential administrators are clearly unsuitable e.g. they refuse to apply for the Letters of Administration or that it is more convenient to do so. 3 of the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) and might have beneficial interest in the estate. However, my father and I may have beneficial interest in the estate by virtue of s. Therefore, the deceased’s siblings have immediate beneficial interest in the estate, but my father and I do not have immediate beneficial interest in the estate.
An ex parte application must be filed to rebut the presumption. Where the original will is lost, mislaid, or not available, and when an applicant is applying to admit a copy, a rebuttable presumption of revocation arises. If the will is lost, the grant made is limited until the original or a more authentic copy is proved. Where the will is lost and there are no available copies of the will, an application for an order admitting proof of other evidence of its contents can be made to the Registrar under r.53 of Non-contentious Probate Rules (Cap. 10A). In writing signed by him and attested by a solicitor or by any person before whom an affidavit may be sworn. Renounce orally on the hearing of any petition or probate action by counsel on his behalf; or

• A valid receipt releases personal representatives from their duty to distribute estate.
• The personal representative would be personally liable for the said contractual breach or tortious wrong to that third party and, depending on the circumstances, may or may not be entitled to reimbursement by the estate.
• A Grant of Representation acts as evidence of a person’s right to deal with the estate of the deceased.
• “Insolvent” means that the assets of the estate are not enough to pay for the debts of the estate.
• You should consult your own lawyer if you want to obtain further information or legal assistance concerning any specific legal matter.

S.25 of Probate and Administration Ordinance (Cap. 10) governs the number of grantees to be allowed. A’s only son is ineligible to apply for A’s Letters of Administration until he has proven that A’s wife has waived her right to apply for A’s Letters of Administration. A’s wife is alive but refused to apply for Letters of Administration.

III. Alterations to Wills

One half will be distributed to the surviving spouse and the other half will be divided equally amongst the child/children of the deceased. For details, please refer to section 4 of the Intestates’ Estates Ordinance. Usually the executor is a member of the family or a close and trusted friend of the whole family. This necklace could not be found in the old lady’s home or safe deposit box after her death.

Duty to Account

• Therefore, it is worth knowing more about the services provided by estate agents.
• It ranges from one to four, except where life or minority interests are involved, in which case a minimum of two individuals are required unless the grantee is a trust corporation.
• Another exception is a spouse’s right of first refusal over the matrimonial property.
• Usually no requisition is raised about the proof of the sound mind of the testator if the will was executed before solicitors, clerks or doctors.
• For deaths before 15 th July 2005 , estate duty remains payable.

Letters of administration of the estate of a deceased person are granted where the deceased died wholly intestate. If we were maintained, either wholly or substantially, by the deceased, immediately before the death of the deceased, my father and I would be entitled to apply to the court for an order under s. Assuming that the deceased only leaves siblings and a cousin (i.e. my father),  pursuant to s.21(1)(iv) of Non-Contentious Probate Rules (Cap. 10A), the deceased’s siblings have immediate beneficiary interests and are entitled to a grant to administration.
Generally speaking, if such deceased gives a general gift of e.g. Lapse happens when the intended beneficiary under the will dies before the deceased. One exception is that the specific gift changes in form only.

Book traversal links for 1. Payment of Debts and Funeral Expenses

That is why it is prudent for the personal representative to advertise and wait for at least 2 months as set out in this Part. Exceptions include conveyancing of landed property, which can only be made with the concurrence of all personal representatives. The grant of probate is a proof of the will only and not itself the source of duty/power. If, however, the personal representative delay unreasonably for a prolonged period, it may constitute a ground for removal of that representative from office by the Court. The situation may be different if the will specifically asks the personal representative to run the deceased’s business for a period, or if all the beneficiaries so agree. In general, a personal representative has no powers to hold on to the shares of the deceased and run the company indefinitely.

Revocation of Wills

If a Will is found, the Holder (if he/she is the named executor) can take the Will away after making a copy of the same and placing the copy in the safe deposit box. For more information regarding the application procedure, please refer to the website of the Home Affairs Department. With effect from 1st April 2007, the Secretary for Home and Youth Affairs has delegated his power as regards access, inspection and inventory taking of a deceased person’ safe deposit box to the Director of Home Affairs. The deceased’s family members or legal representative must check carefully to see if the deceased had made a Will (or whether the Will on hand is the latest/last Will or not). Whether or not a Will is left by the deceased would affect the application procedure for the Grant of Representation. If the applicant discovers additional assets which have not been included in the verifying affirmation, the applicant should file a Corrective Affirmation/Affidavit verifying the Additional Schedule of Assets and Liabilities (Before Grant).
For more information regarding the distribution of estate, please go to the “case illustration”. In other words, they shall be treated as the children of the adopter but not the children of any other persons. Illegitimate children could succeed to their mother’s estate on her intestacy, but only when there were no surviving legitimate children. For details of legal marriage, please go forzabet to the topic of “Matrimonial Matters”.

Preliminary issues to be considered (with or without a Will)

It is a gift of no specifically identified item which the beneficiary is to receive but merely a description of property to be passed. The testator must specifically identify or describe the gift in his will. It is a gift of something the testator owns at the date he makes his will. If the deceased dies without a Will, the distribution of the assets and who can administer the estate will be governed by the law of intestate. The person making the Will is called the “testator”(if male) or “testatrix”(if female). After the abolition of estate duty, provisions have been made in the laws of Hong Kong to safeguard against intermeddling of an estate.
But the personal representative must act honestly on the timing of distribution and must not postpone unreasonably. It means that, unless, as mentioned, the assets of the estate are not enough to pay off its debt, a spouse has the right to take the matrimonial property in satisfaction of his/her share under intestacy. There may be costs consequences to the personal representative personally though, especially if the claim is actually a claim involving beneficiaries. The nearest relatives of the deceased present at the death or during the deceased’s last illness or other relevant persons of the deceased are under a duty to register a death from natural causes within 14 days after such death. A testator should inquire the friend’s age, expertise in administering the estate and whether the friend has conflicts of interests e.g. if the friend is also a beneficiary. A caveat is a means of preventing a grant of probate or administration from being sealed without the caveator’s knowledge.
If a gift is given to an unincorporated association, all members of that association receive that gift. The testator must check and confirm the name, address and the charitable status of the charity. Unless the executor is a professional executor, serving as an executor is an unpaid position. However, if the testator intends to benefit natural and legitimate children only, they must clearly express this in the will. Such a gift is intended for a group of beneficiaries rather than for individual recipient(s). When beneficiaries are recognized through a general or collective formula, typically based on their relationship rather than by name, a gift is considered to be to a class.

One point to note is that for those adopted children (i.e. they have been adopted by persons through a legal adoption process), they have the same status as the natural children. If the deceased parent had a Will and he gave “his children” a gift or a sum of money to share, the illegitimate children were not entitled to share in the gift. Before the 19th June 1993, illegitimate children were not entitled to succeed to their deceased father’s estate if their father died intestate (without a Will).
Therefore, his/her power to act starts from the date of the Grant but not from the date of the death of the deceased. The power of an executor stems directly from the Will. Although the powers of an executor and an administrator are almost the same, there is one major difference.