Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 19

Variation and revocation of maintenance agreements

(1) Where an application for an order under section 4 is made to the court by
any person who was at the time of the death of the deceased entitled to
payments from the deceased under a maintenance agreement which provided for
the continuation of payments under the agreement after the death of the
deceased, then, in the proceedings on that application, the court shall have
power, if an application is made under this section by that person or by the
personal representative of the deceased, to vary or revoke that agreement.

(2) In exercising the powers conferred by this section the court shall have
regard to all the circumstances of the case, including any order which the
court proposes to make under section 4 or 7 and any change

(whether resulting from the death of the deceased or otherwise) in any of the
circumstances in the light of which the agreement was made.

(3) If a maintenance agreement is varied by the court under this section the
like consequences shall ensue as if the variation had been made immediately
before the death of the deceased by agreement between the parties and for
valuable consideration.

(4) In this section "maintenance agreement" (贍養協議), in relation to a
deceased person, means any agreement made, whether in writing or not and
whether before or after the commencement of this Ordinance, by the deceased
with any person with whom he entered into a marriage, being an agreement which
contained provisions governing the rights and liabilities towards one another
when living separately of the parties to that marriage

(whether or not the marriage has been dissolved or annulled) in respect of the
making or securing of payments or the disposition or use of any property,
including such rights and liabilities with respect to the maintenance or
education of any child, whether or not a child of the deceased or a person who
was treated by the deceased as a child of the family in relation to that
marriage. (Enacted 1995) [cf. 1975 c. 63 s. 17 U.K.]

(4) In this section "maintenance agreement" (贍養協議), in relation to a
deceased person, means any agreement made, whether in writing or not and
whether before or after the commencement of this Ordinance, by the deceased
with any person with whom he entered into a marriage, being an agreement which
contained provisions governing the rights and liabilities towards one another
when living separately of the parties to that marriage

(whether or not the marriage has been dissolved or annulled) in respect of the
making or securing of payments or the disposition or use of any property,
including such rights and liabilities with respect to the maintenance or
education of any child, whether or not a child of the deceased or a person who
was treated by the deceased as a child of the family in relation to that
marriage.