Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 15

Provisions as to trustees in relation to sections 12 and 13

(Past version on 30/06/1997).

(1) Where an application is made for-

   (a)  an order under section 12 in respect of a disposition made by the
        deceased to any person as a trustee; or

   (b)  an order under section 13 in respect of any payment made or property
        transferred, in accordance with a contract made by the deceased, to
        any person as a trustee, the powers of the court under section 12 or
        13 to order that trustee to provide a sum of money or other property
        shall be subject to the following limitation (in addition, in a case
        of an application under section 12, to any provision regarding the
        deduction of estate duty (if any)) namely, that the amount of any sum
        of money or the value of any property ordered to be provided- (Amended
        21 of 2005 s. 38)

        (i)    in the case of an application in respect of a disposition which
               consisted of the payment of money or an application in respect
               of the payment of money in accordance with a contract, shall
               not exceed the aggregate of so much of that money as is at the
               date of the order in the hands of the trustee and the value at
               that date of any property which represents that money or is
               derived therefrom and is at that date in the hands of the
               trustee;

        (ii)   in the case of an application in respect of a disposition which
               consisted of the transfer of property (other than a sum of
               money) or an application in respect of the transfer of property
               (other than a sum of money) in accordance with a contract,
               shall not exceed the aggregate of the value at the date of the
               order of so much of that property as is at that date in the
               hands of the trustee and the value at that date of any property
               which represents the first-mentioned property or is derived
               therefrom and is at that date in the hands of the trustee.

(2) Where any such application is made in respect of a disposition made to any
person as a trustee or in respect of any payment made or property transferred
in accordance with a contract to any person as a trustee, the trustee shall
not be liable for having distributed any money or other property on the ground
that he ought to have taken into account the possibility that such an
application would be made.

(3) Where any such application is made in respect of a disposition made to any
person as a trustee or in respect of any payment made or property transferred
in accordance with a contract to any person as a trustee, any reference in
section 12 or 13 to the donee shall be construed as including a reference to
the trustee or trustees for the time being of the trust in question and any
reference in subsection (1) or (2) to a trustee shall be construed in the same
way. (Enacted 1995) [cf. 1975 c. 63 s. 13 U.K.]