However, if the will does not include a proper attestation clause, an affidavit of due execution should be filed (Form W3.1) at the time of the application (see r.10 of Non-Contentious Probate Rules (Cap.10)). 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. Documents in support of the application (for a Grant of Letters of Administration) The above documents must be lodged together with the documents listed in the section “Documents in support of the application” (see below) with the Probate Registry. The applicant has to sign that document and swear for the truthfulness of its content in front of a solicitor or a court officer. The Court generally views that an insolvent person is unsuitable to be appointed an administrator.

Searching for a Will and gaining access to the deceased’s safe deposit box in a bank

When the time limited for appearance has expired, if the Citee fails to appear or prosecute his application for a grant with reasonable diligence, he may apply by inter-partes summons returnable to the Registrar for an order for a grant to himself as provided by r.46(7)(a). Other substituted modes of service will only be granted if it is shown that personal service cannot be effected after reasonable attempts have been made. Rr.45 to 48 of Non-Contentious Probate Rules (Cap. 10A) provide for the procedures on the issuance and service of citations and entry of appearance by a person cited as well as the application for an order for a grant upon nonappearance. If he is entitled under r.21 of Non-Contentious Probate Rules (Cap. 10A), he must first clear off all persons entitled to a grant set out in the categories mentioned above. Without any person having a beneficial interest in the estate, a grant may be made to the Official Administrator. If the executor fails to appear or propound a will within the time limit, you may apply by motion for an order for a grant as if the will were invalid.

VI. Administration of Estate

• Please also note that a death certificate is generally needed to support an application for a grant of personal representation of the estate of the deceased.
• Generally speaking, if such deceased gives a general gift of e.g.
• There are three stages in relation to the implementation of the abolition of estate duty.
• HK$1,000,000 to a beneficiary, the beneficiary is entitled to interest from the end of the 12 months after the deceased’s demise (i.e. the so-called executor’s year).
• In most cases, there is an assumption that a testator has the necessary mental capacity to make his will and there is no need to provide evidence of it.
• However, if there are any specific terms in that Will which allow the former spouse to take some assets from the deceased’s estate, these terms may be void unless a contrary intention is proved.

The Court generally views that an insolvent person is unsuitable to be appointed an executor. Probate shall not be granted to more than four persons. Where the residue is not wholly disposed of by the will, any person forzabet entitled to share in the residue

What are the requirements for a valid will?

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 The estate agents’ services (with an overview of the sale and purchase procedures)

It applies only to a deceased who is domiciled in Hong Kong or has been ordinarily resident in Hong Kong at any time in the 3 years immediately preceding his death. Absent will, the estate will be distributed by the laws of intestacy as discussed. That inventory will then be filed in the Schedule of assets and liabilities with the Probate Registry. It is for the executor named in the Will or the intended administrator to take that inventory. However, the surviving renter will be able to remove all contents of the safe deposit box without authorisation from the Home Affairs Department after 12 month from the date of death of the deceased.
An application should be made for an order to revoke the Letters of Administration under s.33 of Probate and Administration Ordinance (Cap. 10). However, a caveat can be renewed repeatedly every six months, potentially impacting the estate for many years. If all required documents are in order, the application should be submitted as soon as possible. The grant made is limited until the original or a more authentic copy is proved.
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 to the topic of “Matrimonial Matters”.

The estate agents’ services (with an overview of the sale and purchase procedures)

In general, the court makes a grant of letters of administration to the person(s) whom it considers will most effectively administer the estate. A valid receipt releases personal representatives from their duty to distribute estate. Estate Duty is charged on the total value of all properties situated in Hong Kong (including all personal assets and real estate) which “pass” (are left behind) or are deemed to pass in connection with a person’s death.

• The personal representative has to take reasonable steps to make sure that there is no outstanding debt owed by the estate before distribution.
• Without any person having a beneficial interest in the estate, a grant may be made to the Official Administrator.
• S.33 of the Probate and Administration Ordinance (Cap. 10) set out circumstances where the grant “ought not to have been granted or contains an error” , then the court can revoke it.
• After the abolition of estate duty, provisions have been made in the laws of Hong Kong to safeguard against intermeddling of an estate.
• However, we may also apply for the Court to invoke its power under s.36 of Probate and Administration Ordinance (Cap. 10) to appoint us to be the administrators of the estate.
• The citation and verifying affidavit must be personally served (r.45(4)).

One major difference between an executor and an administrator The maximum number of administrators (or adminstratrix in case of a female) of an estate is four . A “Personal Representative” is a general term for either an executor or an administrator.

Revocation of Wills

While no provision has expressly prohibited a bankrupt to be appointed as an executor/administrator, the Court generally deemed a bankrupt unsuitable to assume the office. However, an issue may arise in relation to whether a later will was intended by the testator to supersede an earlier will. However, the label does not determine the legal effect of a document.
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.
The personal representative of any such person subject to r.25(3) of Non-Contentious Probate Rules (Cap. 10A) The personal representative of any such person subject to r.25(3) of Non-Contentious Probate Rules (Cap. 10A) (A living person is preferred to a personal representative); Will the executor only receive the legacy after he has obtained probate and administered the estate? If the spouse is given an absolute gift, it may be subject to a survivorship clause, which requires the spouse to live longer than the testator by a specified period before they are eligible to receive the gift. Minors cannot issue a valid receipt to personal representatives. A residuary gift is the remaining assets of an estate after all the specific and general legacies have been paid and other necessary provisions have been made.