Hong Kong Ordinances
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PROBATE AND ADMINISTRATION ORDINANCE - SECT 61
Property of deceased is asset for payment of debts
(1) (a) The property of a deceased person, to the extent of his beneficial
interest therein, and the property of which a deceased person in pursuance of
any general power disposes by his will, are assets for payment of his debts
and liabilities, and any disposition by will inconsistent with this Ordinance
is void as against the creditors; and the court shall, if necessary,
administer the property for the purpose of the payment of debts and
liabilities.
(b) This subsection takes effect without prejudice to the rights of
incumbrancers.
(2) If any person to whom any such beneficial interest devolves or is given,
or in whom any such interest vests, disposes thereof in good faith before an
action is brought or process is sued out against him, he shall be personally
liable for the value of the interest so disposed of by him, but that interest
shall not be liable to be taken in execution in the action or under the
process. [cf. 1925 c. 23 s. 32 U.K.]
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