17. Can the executor/administrator initiate a litigation to recover assets of the estate?
Yes. But beware of the costs consequences. See point 3 of this Part and question 18 of FAQ.
17. Can the executor/administrator initiate a litigation to recover assets of the estate?
Choosing a subtopic
- Preliminary issues to be considered (with or without a Will)
-
Making a Will
- 1. What are the requirements for a valid will?
- 2. What other matters should be considered before making a Will?
- 3. What precautions should be taken when drafting a Will?
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4. FAQ
- 1. What is the difference between a will and a "平安紙"?
- 2. I am very afraid that my will will not be executed according to my wishes. What can I do to guarantee the due execution of my will after my death?
- 3. I have lost all my love and affection for my wife. I plan to leave nothing to her without even mentioning her name in my Will. Can I do that?
- 4. Can the testator have more than one Will at the same time?
- 5. Can the testator deal with his overseas property in the Will?
- 6. Can the testator make one Will to deal with Hong Kong property and another Will to deal with overseas property?
- 7. Can a bankrupt be appointed as an executor/administrator?
- 8. Can I write my own will without the help of lawyers?
- 9. What happens to a will that does not follow the legal requirement?
- Alterations to Wills
- Revocation of Wills
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Obtaining Grant of Probate (Death with a Will) v.s. Obtaining Grant of Letters of Administration (Death without a Will, i.e. Intestate)
- 1. Death registration
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2. Searching for a Will and gaining access to the deceased's safe deposit box in a bank
- 1. How to get access to the deceased's safe deposit box in a bank?
- 2. When and how can the executor/administrator remove the items inside the deceased's safe deposit box at a bank?
- 3. How to collect and to take inventory of the deceased's personal belongings if they are not kept inside the deceased's safe deposit box at the bank?
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3. Grant of Probate
- 1. Eligibility
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2. Procedures
- 1. Can probate be applied for if the Will is lost and there are no available copies of the Will?
- 2. Can probate be applied for if the original Will is lost and there is only a copy of the Will?
- 3. If a person (other than the executor) keeps the Will and refuses to give it to the executor, what can the executor do?
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4. Letters of Administration (in case of intestacy)
-
1. Eligibility
- 1. The person entitled to the Letters of Administration in priority is missing or refuses to apply for the Letters of Administration. Can another person apply for it? What does he need to do?
- 2. My father’s cousin died without a will. He was unmarried and had no children. His siblings do not want to apply for the Letters of Administration due to their old age. Can my father or I apply for the Letters of Administration?
- 2. Procedures
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1. Eligibility
- 5. Letters of Administration (with Will annexed)
- 6. Special Grant
- 7. Abolition of Estate Duty and the procedures for applying for a Grant of Representation
- 8. Revocation of grants
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9. FAQ
- 1. Is there a time limit to apply for a Grant of Probate or Letters of Administration?
- 2. If the applicant subsequently finds more assets of the deceased after submitting the documents to the Probate Registry, what should he/she do?
- 3. If the value of the deceased’s estate does not exceed $50,000, will the application procedure be different?
- 4. What happen if the value of the estate exceeds $50,000 but does not exceed $150,000?
- 5. How does one avoid intermeddling of the estate (handling the estate without permission) after abolition of the Estate Duty?
- 6. What should the executor/administrator do if he has lost the Grant?
- 7. What are citations and caveats to a Will?
- 8. What can be done if the Will is found after the Letters of Administration is granted?
- 9. I don’t have many close relatives. Can I appoint a friend or an institution, e.g. an NGO, to be the executor of my will? If yes, what should I do / prepare to make such an arrangement?
- 10. Would the preparation for arrangement be any different if the size of my estate is (1) less than $50,000; (2) more than $50,000 but less than $150,000; OR (3) more than $150,000?
- 11. Are there any limitations of who can be my executor?
- 12. As the executor (who is not a direct relative of the testator, e.g. friend or an NGO), are there any preparations that I can make?
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Administration of Estate
- 1. Payment of Debts and Funeral Expenses
- 2. What property constitutes assets?
- 3. Powers of the Personal Representatives in Dealing with the Assets
- 4. Distribution of Assets
- 5. Duty to Account
- 6. Duty of Not to Waste and Duty as a Fiduciary
- 7. Liabilities Towards Third Parties
- 8. Remuneration
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9. FAQ
- 1. What if the estate includes a business?
- 2. If the deceased made no Will, how can the relevant estate be distributed?
- 3. Can a surviving spouse acquire the matrimonial property owned by the intestate?
- 4. Can a beneficiary refuse to take up the entitlement to an estate?
- 5. Is there a time limit for the distribution of the estate?
- 6. What is a deed of family arrangement? When to use it?
- 7. My grandmother just died and my grandfather died many years ago. She had three children, A, B and C. C passed away one year ago. C had two children, D and E. (1) If my grandmother died with a will directing her estate be distributed among A, B and C evenly, how is the estate be distributed? (2) If my grandmother died intestate, how is the estate distributed?
- 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?
- 9. What if the deceased died in the Mainland China, but domiciled in Hong Kong, how can the intended personal representative proceed with the application of grant?
- 10. If a creditor fails to collect his outstanding debt from the debtor before the death of the debtor, how can the creditor protect himself and chase for repayment?
- 11. 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?
- 12. 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?
- 13. If there are two personal representatives, can one of them deal with the estate alone?
- 14. 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?
- 15. If the personal representative fails to administer the estate properly, what can the beneficiary do?
- 16. If the personal representative fails to pay off the deceased’s debts before distribution, will he or she be personally liable for the debts?
- 17. Can the executor/administrator initiate a litigation to recover assets of the estate?
- 18. Is the personal representative personally liable for the costs arising out of the litigation in relation to the deceased's estate?
- 19. 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
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