The division of an individual’s estate after his or her death takes place as per the Inheritance Law in Hong Kong
. The Probate and Administration Ordinance
(which is part of the Hong Kong Laws) contains the types of beneficiaries, according to their relationship with the deceased and their inheritance rights.
The division of inheritance in Hong Kong can take place with a will or in the absence of one after the beneficiaries have applies for a Grant of Letter of Administration.
Parties entitled to inherit assets in Hong Kong
Estate distribution in Hong Kong differs from case to case. However, in practice, it often happens that two or more parties that are entitled to the assets of the deceased to jointly claim the estate. One of our lawyers Hong Kong can help you with guidance and assistance if this occurs so that you can make an inheritance claim.
The spouse is the single inheritor when the deceased has no living parents or siblings of whole blood. The residuary estate (what is left after paying any existing debts, if any, the inheritance taxes and others) becomes the property of the surviving spouse.
When there is a spouse and another blood relative of the deceased, the spouse received all of the personal chattels (household items, furniture, clothing, etc.) and 500,000 HK$ from the residuary estate.
Illegitimate children in Hong Kong and adopted children enjoy the same inheritance rights
. One of our attorneys in Hong Kong
can provide you with clarifications on this matter.
Asset distribution without a will
When the deceased did not leave behind a will in Hong Kong
, individuals who are entitled to estate must apply for a Grant of Letters of Administration. When there are more parties that have the same degree (they have equality when it comes to the estate and applying for a Grant), the application is submitted to the High Court.
One of the experts at our law firm in Hong Kong can provide you with detailed information on the contentious and non-contentious probate rules in Hong Kong.
for more information on inheritance matters in Hong Kong.