Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 13

Contracts to leave property by will

(1) Where an application is made to a court for an order under section 4, the
applicant may, in the proceedings on that application, apply to the court for
an order under this section.

(2) Where on an application under subsection (1) the court is satisfied-

   (a)  that the deceased made a contract by which he agreed to leave by his
        will a sum of money or other property to any person or by which he
        agreed that a sum of money or other property would be paid or
        transferred to any person out of his estate; and

   (b)  that the deceased made that contract with the intention of defeating
        an application for financial provision under this Ordinance; and

   (c)  that when the contract was made full valuable consideration for that
        contract was not given or promised by the person with whom or for the
benefit of whom the contract was made (in this section referred to as "the
donee") or by any other person; and

   (d)  that the exercise of the powers conferred by this section would
        facilitate the making of financial provision for the applicant under
        this Ordinance, then, subject to the provisions of this section and of
        sections 14 and 15, the court may make any one or more of the
        following orders-

        (i)    if any money has been paid or any other property has been
               transferred to or for the benefit of the donee in accordance
               with the contract, an order directing the donee to provide, for
               the purpose of the making of that financial provision, such sum
               of money or other property as may be specified in the order;

        (ii)   if the money or all the money has not been paid or the property
               or all the property has not been transferred in accordance with
               the contract, an order directing the personal representatives
               not to make any payment or transfer any property, or not to
               make any further payment or transfer any further property, as
               the case may be, in accordance therewith or directing the
               personal representatives only to make such payment or transfer
               such property as may be specified in the order.

(3) Notwithstanding anything in subsection (2), the court may exercise its
powers thereunder in relation to any contract made by the deceased only to the
extent that the court considers that the amount of any sum of money paid or to
be paid or the value of any property transferred or to be transferred in
accordance with the contract exceeds the value of any valuable consideration
given or to be given for that contract, and for this purpose the court shall
have regard to the value of the property at the date of the hearing.

(4) In determining whether and in what manner to exercise its powers under
this section, the court shall have regard to the circumstances in which the
contract was made, the relationship, if any, of the donee to the deceased, the
conduct and financial resources of the  donee and all the other circumstances
of the case.

(5) Where an order has been made under subsection (2) in relation to any
contract, the rights of any person to enforce that contract or to recover
damages or to obtain other relief for the breach thereof shall be subject to
any adjustment made by the court under section 14(3) and shall survive to such
extent only as is consistent with giving effect to the terms of that order.

(6) This section does not apply to a contract made before the commencement of
this Ordinance. (Enacted 1995) [cf. 1975 c. 63 s. 11 U.K.]