Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 3

Application for financial provision from deceased's estate

PART II

APPLICATIONS AND ORDERS FOR FINANCIAL PROVISION

(1) Where after the commencement of this Ordinance a person dies-

   (a)  domiciled in Hong Kong; or

   (b)  having been ordinarily resident in Hong Kong at any time in the 3
        years immediately preceding his death, and is survived by any of the
        following persons-

        (i)    the wife or husband of the deceased;

        (ii)   a former wife or former husband of the deceased who has not
               remarried and was being maintained, either wholly or
               substantially, by the deceased immediately before his death;

        (iii)  a tsip or male partner of the deceased by a union of 
               concubinage;

        (iv)   a parent of the deceased who immediately before the death of
               the deceased was being maintained, either wholly or
               substantially, by the deceased;

        (v)    an infant child of the deceased, or a child of the deceased who
               is, by reason of some mental or physical disability, incapable
               of maintaining himself;

        (vi)   an adult child of the deceased who immediately before the death
               of the deceased was being maintained, either wholly or
               substantially, by the deceased;

        (vii)  any person (not being a child of the deceased) who, in the case
               of any marriage to which the deceased was at any time a party,
               was treated by the deceased as a child of the family in
               relation to that marriage and was being maintained, either
               wholly or substantially, by the deceased immediately before his
               death;

        (viii) a brother or sister of the half blood or the whole blood of the
               deceased who immediately before the death of the deceased was
               being maintained, either wholly or substantially, by the
               deceased;

        (ix)   any person (not being a person included in the foregoing
               paragraphs of this subsection) who immediately before the death
               of the deceased was being maintained, either wholly or
               substantially, by the deceased, that person may apply to the
               court for an order under section 4 on the ground that the
               disposition of the deceased's estate effected by his will or
               the law relating to intestacy, or the combination of his will
               and that law, is not such as to make
               reasonable financial provision for the applicant.

(2) In this Ordinance, "reasonable financial provision" (合理經濟給養)-

   (a)  in the case of any application made-

        (i)    by virtue of subsection (1)(i) by the husband or wife of the
               deceased (except 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); or

        (ii)   by virtue of subsection (1)(iii) by a tsip or male partner of
               the deceased by a union of concubinage, means such financial
               provision as it would be reasonable in all the circumstances of
               the case for such a person to receive, whether or not that
               provision is required for his or her maintenance;

   (b)  in the case of any other application made by virtue of subsection (1),
        means such financial provision as it would be reasonable in all the
        circumstances of the case for the applicant to receive for his
        maintenance.

(3) For the purposes of subsection (1)(ii), (iv), (v), (vi), (vii),

        (viii) and (ix), a person shall be treated as being maintained by the
               deceased, either wholly or substantially, as the case may be,
               if the deceased, otherwise than for full
               valuable consideration, was making a substantial contribution
               in money or money's worth towards the reasonable needs of that
               person. (Enacted 1995) [cf. 1975 c. 63 s. 1 U.K.]

(2) In this Ordinance, "reasonable financial provision" (合理經濟給養)-

   (a)  in the case of any application made-

        (i)    by virtue of subsection (1)(i) by the husband or wife of the
               deceased (except 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); or

        (ii)   by virtue of subsection (1)(iii) by a tsip or male partner of
               the deceased by a union of concubinage, means such financial
               provision as it would be reasonable in all the circumstances of
               the case for such a person to receive, whether or not that
               provision is required for his or her maintenance;

   (b)  in the case of any other application made by virtue of subsection (1),
        means such financial provision as it would be reasonable in all the
        circumstances of the case for the applicant to receive for his
        maintenance.