LEGAL SUPPORT FOR TAI PO FIRE

After-death arrangements

FAQ

Grant durante absentia

Is there a time limit to apply for a Grant of Probate or Letters of Administration?

If the applicant subsequently finds more assets of the deceased after submitting the documents to the Probate Registry, what should he/she do?

If the value of the deceased’s estate does not exceed $50,000, will the application procedure be different?

What happen if the value of the estate exceeds $50,000 but does not exceed $150,000?

How does one avoid intermeddling of the estate (handling the estate without permission) after abolition of the Estate Duty?

The executor is missing or refuses to take up the appointment. Can another person apply for a Grant? What does he need to do?

What are citations and caveats to a Will?

What can be done if the Will is found after the Letters of Administration is granted?

Administration of Estate

Payment of Debts and Funeral Expenses

What property constitutes assets?

Powers of the Personal Representatives in Dealing with the Assets

Distribution of Assets

Duty to Account

Duty of Not to Waste and Duty as a Fiduciary

Liabilities Towards Third Parties

Remuneration

FAQ

What if the estate includes a business?

If the deceased made no Will, how can the relevant estate be distributed?

Can a surviving spouse acquire the matrimonial property?

Can a beneficiary refuse to take up the entitlement to an estate?

Is there a time limit for the distribution of the estate?

What is a deed of family arrangement? When to use it?

The allocation of estate has been clearly set out in a Will. Can this prevent all the disputes which may come out during the distribution process?

If the deceased had a credit card debt, should the intended personal representative clear the debt first or apply for a grant of probate/letter of administration first?

If there are two personal representatives, can one of them deal with the estate alone?

If I am a beneficiary under intestacy or under a previous will, or if I have reasons to believe that I am a beneficiary under the latest will, can I ask the executor under the latest will to disclose to me the contents of the will? If the executor refuses to do so, what can I do?

If the personal representative fails to administer the estate properly, what can the beneficiary do?

If the personal representative fails to pay off the deceased’s debts before distribution, will he or she be personally liable for the debts?

Can the executor/administrator initiate a litigation to recover assets of the estate?

Is the personal representative personally liable for the costs arising out of the litigation in relation to the deceased's estate?

What if there are no beneficiaries to distribute to? E.g. what if all the beneficiaries under the will have predeceased the deceased and have left no issue, and the deceased has no surviving families under the laws of intestacy?

Inheritance (Provision for Families and Dependants) Ordinance

Videos for reference

• Law of Succession: Intestacy

• Law of Succession: Probate