The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(813) WHERE A PERSON DIES WITHOUT MAKING A WILL

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A man or woman who dies without making a valid Will is said to die "intestate". Where a person dies intestate his or her estate, which consists of all his or her property and possessions, is distributed according to legal rules contained in the Intestates' Estates Ordinance.

These rules provide that the person's estate should be divided amongst the members of the family.

Priority is given to husbands, wives and children. If the deceased person has a husband or a wife but no children, then the husband or wife will receive the whole of the estate.

If the deceased person has a husband or wife and children, then the husband or wife will receive a cash payment of $500,000 together with the Deceased's personal belongings. Whatever is left of the estate will be divided between the husband or wife (who will receive one half) and the children (who will receive the other half).

Parents, brothers and sisters will only receive a share of the estate if the deceased person does not have children.

Before the estate can be distributed, the Court must make an order appointing a relative to be responsible for its distribution and for payment of the deceased person's debts. The person appointed by the Court is called a "personal representative".

Any close relative can apply to be a personal representative. The Court will give first priority to the deceased person's husband or wife and second priority to his or her children. However, it is possible for the Court to appoint up to 4 personal representatives.

The Court will not make an order appointing a personal representative until all the estate duty on the estate has been paid. To do that, a list of all the property in the estate must be given to the Inland Revenue Office. There are other forms to be filled out and formalities to be completed.

If the total value of the estate is less than $50,000, it can be distributed in a simplified way using less formal rules.

For information on making a Will, please ask for the appropriate recording.

Date of amendment: 29th November 1995