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8. The husband died without a will. Before he died, the wife was the guardian of the husband. If their child has been lost for many years and has never taken care of the two elders, can the wife inherit the entire estate?

Under laws of intestacy, the wife may not. If the wife insists that she should get more from the estate than what the laws of intestacy stipulates, she may make an application under Inheritance (Provision for Families and Dependents) Ordinance (Cap. 481). See Part VII.


Meanwhile, if, upon due investigation, there is evidence suggesting that that child has died before the deceased did and has left no child of his/her own, the wife may apply to the Court for an order authorizing the distribution of the estate on the footing that no provision is given to that child. Such order is called “Benjamin Order”.