Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 22

Provisions as to personal representatives

(1) This Ordinance shall not render the personal representative of a deceased
person liable for having distributed any part of the estate of the deceased,
after the end of the period of 6 months from the date on which representation
with respect to the estate of the deceased is first taken out, on the ground
that he ought to have taken into account the possibility-

   (a)  that the court might permit the making of an application for an order
        under section 4 after the end of that period; or

   (b)  that, where an order has been made under section 4, the court might
        exercise in relation thereto the powers conferred on it by section 8,
        but this subsection shall not prejudice any power to recover, by
        reason of the making of an order under this Ordinance, any part of the
        estate so distributed.

(2) Where the personal representative of a deceased person pays any sum
directed by an order under section 7 to be paid out of the deceased's
net estate, he shall not be under any liability by reason of that estate not
being sufficient to make the payment, unless at the time of making the payment
he has reasonable cause to believe that the estate is not sufficient.

(3) Where a deceased person entered into a contract by which he agreed to
leave by his will any 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, then, if the personal representative of the
deceased has reason to believe that the deceased entered into the contract
with the intention of defeating an application for financial provision under
this Ordinance, he may, notwithstanding anything in that contract, postpone
the payment of that sum of money or the transfer of that property until the
expiration of the period of 6 months from the date on which representation
with respect to the estate of the deceased is first taken out or, if during
that period an application is made for an order under section 4, until the
determination of the proceedings on that application. (Enacted 1995) [cf. 1975
c. 63 s. 20 U.K.]