Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 21

Effect, duration and form of orders

(Past version on 01/07/1997).
(Past version on 30/06/1997).

PART VI

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

(1) Where an order is made under section 4 then for all purposes, including
the purposes of the enactments relating to estate duty (if applicable), the
will or the law relating to intestacy, or both the will and the law relating
to intestacy, as the case may be, shall have effect and be deemed to have had
effect as from the deceased's death subject to the provisions of the order.
(Amended 21 of 2005 s. 39)

(2) Any order made under section 4 or 7 in favour of-

   (a)  an applicant who was the former husband or former wife of the
        deceased; or

   (b)  an applicant who was the husband or wife of the deceased in a case
        where the marriage with the deceased was the subject of a decree of
        judicial separation and at the date of death the decree was in force
        and the separation was continuing, shall, in so far as it provides for
        the making of periodical payments, cease to have effect on the
        remarriage of the applicant, except in relation to any arrears due
        under the order on the date of the remarriage.

(3) A copy of every order made under this Ordinance (other than an order made
under section 17(1)) shall be sent to the Probate Registry of the High Court
for entry and filing, and a memorandum of the order shall be endorsed on, or
permanently annexed to, the probate or letters of administration under which
the estate is being administered. (Amended 25 of 1998 s. 2) [cf. 1975 c. 63 s.
19 U.K.]