Hong Kong Inheritance – Questions and Answers
Where can I find the full text of Hong Kong’s Inheritance Law?
Hong Kong inheritance laws include: Probate and Estate Administration Ordinance, Uncontested Probate Rules, Intestates’ Estates Ordinance，Will Ordinance，Inheritance (Provision for Survivors and Dependents) Ordinance，Practical Guide to Uncontested Probate etc. The above link to the original text of Hong Kong’s inheritance law can be found in the article “Hong Kong inheritance law: What are the laws on inheritance in Hong Kong?“.
What is the order of inheritance under Hong Kong’s inheritance laws?
The order of inheritance in Hong Kong is: if there is a will, follow the provisions of the will. When there is no will, inheritance will be carried out in accordance with the order stipulated in Hong Kong’s inheritance laws. For details, please refer to the “Hong Kong Inheritance Law – Order and share of inheritance in Hong Kong》detailed description. In summary, (a) when there is a spouse and children, the spouse and children inherit, and other people such as parents have no inheritance rights; (b) when there are children but no spouse, everything is inherited by the children, and other people have no inheritance rights; (c) there are no children If there is a spouse and parents, the spouse and parents will inherit; (d) If there are no children or parents, but there is a spouse and siblings, the spouse and siblings will inherit.
If the deceased in Hong Kong did not leave a will, how will the estate be distributed?
If the deceased is a Hong Kong resident (place of residence in Hong Kong), the order of inheritance under Hong Kong’s inheritance laws under the above-mentioned issue 2 will apply. If the deceased is not a Hong Kong resident (the place of residence is not Hong Kong), the inheritance of real estate in Hong Kong (such as house, land) will still be subject to the inheritance order under the Hong Kong inheritance law under the question in Article 2 above, while the inheritance of movable assets (such as deposits, stocks, etc.) , insurance policies, etc.), the law of the deceased’s place of residence shall apply to determine who has the right to inherit and their respective inheritance shares.
How long is the time limit for Hong Kong estate administration?
There is no time limit to apply for letters of administration or grant of probate in Hong Kong. However, litigation proceedings related to wills are subject to the Limitation Ordinance. For details, please refer to “The time limit for inheritance in Hong Kong》。
How long does it take to apply for estate administration in Hong Kong?
According to our experience, if there are no factors outside Hong Kong involved and the documents are complete, it usually takes 1-2 months to obtain the Letter of Administration issued by the Hong Kong High Court. If factors outside Hong Kong are involved, especially if the relevant documents need to be notarized and authenticated, or if a foreign lawyer is required to issue a legal opinion, it will often take more time to complete the application for the estate letter, which may usually take about half a year.
What are the procedures for estate administration in Hong Kong?
For the formalities and procedures of Hong Kong estate administration, please refer to the article “Inheritance Procedure in Hong Kong“Detailed explanation in the article.
Where to find an inheritance lawyer in Hong Kong?
On the website of the Hong Kong Law Society, you can check the list of all Hong Kong law firms and the list of Hong Kong lawyers legally registered in Hong Kong. The registration information of our firm, Yan Xianming Law Firm, can be found atHong Kong Law Society websiteQueried.
How should mainland residents inherit Hong Kong inheritance?
The inheritance of Hong Kong heritage by mainland residents involves some special issues. See the article “How should mainland residents inherit Hong Kong inheritance?“and”How to handle cross-border inheritance between the Mainland and Hong Kong?》Detailed explanation of the two articles.
How to handle inheritance in Hong Kong?
For the formalities and procedures of Hong Kong estate administration, please refer to the article “Inheritance Procedure in Hong Kong“Detailed explanation in the article.
How to handle insurance estate inheritance in Hong Kong?
If the policy has a beneficiary written on it and all premiums payable on the policy have been paid, the beneficiary can directly request to obtain the beneficiary’s rights and interests under the relevant policy without going through inheritance procedures. On the contrary, if the policy does not specify a beneficiary, or the premiums of the policy have not been paid and the policyholder needs to continue to pay, the inheritance procedures should be handled. In Hong Kong’s inheritance, the interests in the insurance policy are movables in nature, and the laws on movable inheritance apply. For details, please refer to the article “How to handle cross-border inheritance between the Mainland and Hong Kong》。
How to handle Hong Kong stock inheritance?
In Hong Kong inheritance, stocks are chattels in nature. Regarding the inheritance of chattel inheritance, please refer to the article “How to handle cross-border inheritance between the Mainland and Hong Kong.
How to handle estate inheritance in Hong Kong?
In inheritance in Hong Kong, real estate is immovable property in nature. Regarding the inheritance of real estate inheritance, please refer to the article “How to handle cross-border inheritance between the Mainland and Hong Kong》。
How to handle inheritance of bank deposits in Hong Kong?
In inheritance in Hong Kong, bank deposits are chattels in nature. Regarding the inheritance of chattel inheritance, please refer to the article “How to handle cross-border inheritance between the Mainland and Hong Kong》。
How much share does a spouse have under Hong Kong inheritance law?
For information on whether the spouse of the deceased has inheritance rights under Hong Kong law and the share of the estate that he or she is entitled to inherit, see the article Order and share of inheritance in Hong Kong. It should be noted that Hong Kong law is applicable only if the deceased is domiciled in Hong Kong or the estate in Hong Kong is real estate. For applicable laws on inheritance, see How to handle cross-border inheritance between the Mainland and Hong Kong.
What share do children have under Hong Kong’s inheritance law?
For information on whether the children of the deceased have inheritance rights and the share of the estate they are entitled to inherit under Hong Kong law, see the article Order and share of inheritance in Hong Kong. It should be noted that Hong Kong law is applicable only if the deceased is domiciled in Hong Kong or the estate in Hong Kong is real estate. For applicable laws on inheritance, see How to handle cross-border inheritance between the Mainland and Hong Kong。
Do parents have the right to inherit under Hong Kong’s inheritance law?
For information on whether the deceased’s parents have inheritance rights and the share of the estate they are entitled to inherit under Hong Kong law, see the article Order and share of inheritance in Hong Kong. It should be noted that Hong Kong law is applicable only if the deceased is domiciled in Hong Kong or the estate in Hong Kong is real estate. For applicable laws on inheritance, see How to handle cross-border inheritance between the Mainland and Hong Kong.
Under Hong Kong’s inheritance law, do the deceased’s brothers and sisters have the right to inherit?
For information on whether brothers and sisters of the deceased have inheritance rights under Hong Kong law and the shares they are entitled to inherit, see the article Order and share of inheritance in Hong Kong. It should be noted that Hong Kong law is applicable only if the deceased is domiciled in Hong Kong or the estate in Hong Kong is real estate. For applicable laws on inheritance, see How to handle cross-border inheritance between the Mainland and Hong Kong.
Is inheritance tax required to be paid in Hong Kong?
according to Revenue (Abolition of Estate Duty) Regulations 2005, the inheritance of a person who died after February 12, 2006 does not need to go through the inheritance tax procedures, and does not need to pay any inheritance tax. As for the inheritance of a person who died before February 12, 2006, the applicant needs to apply to the tax bureau and obtain a certificate of estate tax payment or exemption certificate before he or she can apply to the High Court for a letter of inheritance.
Can an executor or administrator charge fees in Hong Kong?
You need to check whether there are provisions in the will for the executor’s fees. If the will stipulates that the executor can charge fees, the executor can charge fees according to the provisions of the will. If the will does not provide for the executor to charge fees, the executor cannot charge for his own work in executing the will, but the expenses incurred in executing the will, such as reasonable attorney fees or other third-party charges, may be charged from the will. Medium reimbursement. However, even if there is no provision in the will for the executor to charge fees, the court has the power to make an order authorizing the executor to charge reasonable fees depending on the circumstances. If a will names a professional, such as a solicitor or accountant, as executor, it will usually provide that they can charge for their work.
How do I object to another person’s application for probate?
If you want to object to another person’s application for probate, you can file a “Notice Memorandum” with the court about the estate of the deceased. For details, please see the article Notification Memorandum on Inheritance Disputes in Hong Kong.
Do children born out of wedlock have inheritance rights?
according to Parents and Children Ordinance, if their parents die after June 19, 1993, children born out of wedlock and children born in wedlock will have the same inheritance rights; but if their parents die before then, children born out of wedlock will have no inheritance rights. Similarly, adopted children have the same legal status as the biological children of the adopter and must be considered the children of the adopter and not the children of anyone else.
What should I do if my will leaves no inheritance to my spouse?
If the will does not leave sufficient assets for the dependents of the deceased (such as spouse, minor children, etc.) to support them, the dependents can rely on the Inheritance (Provision for Survivors and Dependents) Ordinance, apply to the court to obtain reasonable support to maintain life.
How are Hong Kong estate attorney fees charged?
For uncontroversial Hong Kong estate cases, our law firm generally charges a fixed legal fee, with the specific amount determined based on the complexity of the case. For disputed estate cases, our law firm charges attorney fees based on the attorney’s work.