Forms > Probate Registry. The Wills & Probate team of Leung Kin & Co. is experienced in assisting both local and overseas clients to make applications for grant of probate and letters of administration in respect of the estate of the deceased who died leaving assets in Hong Kong. Prior to the Arrangement, a Hong Kong resident is subject to tax in Macau if it carries out business activities in Macau, even though the relevant activities may be limited (e.g., Hong Kong employees travelling to … They are available in hard copies at the Probate Registry and in soft copies on its website. Nonetheless, if the Deceased died leaving estate in Hong Kong, you may consider the following matters, namely: You must attend the Estate Duty Office of the Inland Revenue Department to apply and obtain the necessary estate duty clearance papers. This is the reason why, with the increasing number of probate cases involving French nationals residing in Hong Kong, we have made a brief introduction to the French inheritance process. Dec, 2017 by Hong Kong Inheritance and Probate Lawyers | 0 Comments. In most treaties concluded by Hong Kong, double taxation is eliminated by allowance of a tax credit. A person may apply through his lawfully constituted attorney if he resides outside Hong Kong and is entitled to the Grant himself. Authentication is to be done on the original foreign public document and not the translation. The Grant is an important legal document which usually authorizes the grantee to deal with the estate without limitation. Well and truly administer and faithfully dispose of, all such property and estate, rights and credits as the deceased at the time of his or her death was entitled to within Hong Kong… To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. Please also do not hesitate to contact the Probate Registry if you have any query. The Official Administrator provides an inexpensive way of dealing with estates of small value. Hong Kong Tax Alert - Issue 12, December 2019. are raised by the Registrar, the processing time will take longer. A person cannot be without a domicile and cannot have two domiciles at the same time. (iii) Depending on the circumstances, parties should then take out appropriate application by “Summons” to call for a short hearing before the Registrar for directions/orders. The staff of the Probate Registry will inform you by letter after the Probate Registry has got the original Grant and estate duty clearance papers from the Estate Duty Office and the Grant file from the Public Records Office. If your request is agreed, the Registrar will usually ask you to acknowledge receipt of the original document, undertake to return it upon request and provide him with a photocopy for the court record. If the estate is sworn under the net value of. * Within this webpage, “foreign” means countries and places other than Hong Kong. (a) For deaths before 11 February 2006, you shall first attend the Estate Duty office of the Inland Revenue Department to apply for a certified copy of the estate duty clearance papers. On the other hand, after a period of 6 months from the date of the issuance of the Grant, you may apply, on good grounds, for the return of the original marriage certificates, birth certificates and death certificates (other than that of the Deceased) from the Registrar who will make a decision on your application according to the circumstances. A Caveat remains in force for 6 months from the date of its entering, and can be further entered. Hong Kong continues to grow in strength as a trust hub attracting settlors who desire a modern trust law in a settled and mature legal system. If there are two antagonistic applications, the conflict may be solved by one of the applicant taking out a Summons to have the dispute heard before a Master. By way of practice, the Probate Registry usually accepts that the Deceased died domiciled in Hong Kong if he (a) died in Hong Kong and (b) had a Hong Kong Permanent Identity Card. The Probate Registry of Hong Kong High Court will not issue two grants to two separate and independant applicants regarding the same estate. For example, if you (as a Hong Kong resident) own a flat in England, that flat will usually be governed by the succession law of England after your death. Inheritance Law in Hong Kong – How Estate be Distributed under Instestation? The domicile of the Deceased is important because it determines the applicable law regulating to whom the Grant is to be issued as well as how the estate is to be distributed. Any step taken by you to enter a Caveat, a Warning, an Appearance and a Summons could cause legal consequences, including costs. In order to avoid the taxation of income both in the country where it is produced and in the country where the individual or company usually resides, Hong Kong and Japan have agreed to sign a double tax treaty that clarifies the taxation method on income. You should note that a Grant shall be issued to: You should complete the appropriate Specified Form(s). (a) the application does not seem simple and straightforward, (b) the nature of the estate is complicated, and/or. However, in certain circumstances where one’s affairs and wishes are more complex further time is warranted and the costs can vary, but we would give an estimate before proceeding. However, in the event that it has been somehow lost or misplaced, and the Grant is needed for administration of the estate or otherwise, you may apply for a Duplicate Grant in person or through a firm of solicitors in Hong Kong. Neither does any of its staff check and verify the correctness of the same. If you need money urgently for funeral expenses or maintenance of former dependents of the Deceased, or that the estate consists of money only not exceeding $50,000, you should also follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to seek assistance. (i) where the Deceased’s home was, and the form of residence (e.g. However, for death of a Deceased on or after 11 February 2006, the burden lies on you, as the applicant of the Grant, to check and obtain the details of the estate from the relevant authorities and fill in the Specified Form N4.1. Subject to the payment of the relevant fee (if any), it usually takes about 4 to 8 weeks for the amendment to be done. Each foreign public document serves a particular purpose. The person is referred to as administrator. (i) your written consent is produced; or. Administrator, Part V Death before However, you should note rule 4(8) of the Non-Contentious Probate Rules (Cap.10A) states clearly that no legal advice shall be given to a personal applicant by any person in the Probate Registry. (Closed on Saturdays, Sundays and Public Holidays). In simple words, the order of priority is: As a matter of general rule, the one with higher priority should file the application for Grant. You need to: (i) take the public document to the proper authority (or foreign ministry office, as the case may be) in that country or territory for a certification that the signature and/or seal of the issuing authority on the public document are/is true, and. The documents needed for an application for a grant in Hong Kong will depend on the facts of the case itself, eg. A service charge will be imposed in accordance with the Hong Kong inheritance laws through the Probate and Administration Ordinance. Part VIII What should I note in relation to an application for Grant? (b) For deaths on or after 11 February 2006, you shall bring the original Grant with the documents showing the additional assets and liabilities to the Probate Registry to apply to amend the Schedule of Assets and Liabilities. Part IX How can Email (will not be published) (required) Mail (will not be published) (required), Wordpress Law Theme YAN LAWYERS 香港 - 閆顯明律師事務所. The Probate Registry follows that practice. (c) the Registrar considers it proper to offer help. (d) the brother and/or sister of the Deceased. Act as legal representatives for executors or administrators and administration of deceased estates and give legal advice. You may apply to the Official Administrator for his assistance by summary administration to claim reimbursement of the funeral expenses if the estate meets the circumstances as per paragraph 3.3 above. (ii) the Registrar is satisfied that good reason(s) has been shown, for example, the requesting party is one of the beneficiaries of the estate and is making enquiries of the estate. Depending on the circumstances, you may consider: (a) contact and negotiate with the Caveator to resolve the matter. (b) issue the Grant within 28 working days upon payment of all court fees and when all requisitions have been complied with. You should therefore seek independent legal advice before taking any step as such. Hence, any estate outside Hong Kong, including those in the Mainland and Macau, has to be dealt with and administered according to the relevant law and regulations where the estate is situated. However, different countries issue different public documents in different forms and languages. (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. The rule prohibits application through an agent, whether paid or unpaid. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct (a) send letter of requisitions, if any, to your solicitor within 28 working days after the application has been filed, and. Union flags fly before the Houses of Parliament in London. Yes, just to confuse matters, the process of authenticating foreign documents for the Hong Kong Probate Registry is slightly different – and unfortunately, potentially even more complex. (b) the child or children of the Deceased. (a) obtain a notarial certificate from the local notarial office, and. Help to apply to High Court Probate Registry for grant of representation, letters of administration. The probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. Grant is a court order and you shall keep it in good and safe custody. However, if the application is not simple and straightforward and/or the nature of the estate is complicated, the length of time required may be longer. You then become the “Person Warning”. If the two applicants are of the same ranking of priority, unless there are good reason, the probate will usually be granted to the first applicant in time, or to an independant professional as recommended by the party or parites or appointed by the court. Hong Kong Tax Alert - Issue 12, December 2019. money, company shares, personal belongings) is governed by the law of the deceased's place of … It will require evidence of that law, normally by an affidavit of law given by a … It is the process of proving that a foreign* public document is genuine. The person is also referred to as administrator. Hong Kong company (the “Company”) with a business partner (the “Defendant”), and the Defendant is acting as the director of the Company. 19.2 What is the telephone number of the Probate Registry? To answer this question requires an understanding of some technical terms in the rule and an interpretation of the subject Will. For example, the first priority goes to the deceased’ spouse, then children, then parents. Both Chinese and English are official languages in Hong Kong. Practice areas include: Banking & Finance, China Practice, Company Formation, Corporate Finance & Capital Markets, Criminal & Commercial Crime, Employment, Regulatory, Investigations and Proceedings, Licensing and Compliance, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation & Dispute … Authenticating Foreign Documents for Hong Kong Probate Application. If the application has become “contentious”, the contention must be resolved first. You may apply to the Official Administrator for his assistance by summary administration if the estate meets the circumstances mentioned in paragraph 3.3 above. It must be borne in mind that Caveat proceedings is by its nature “contentious” and can well be the beginning of “litigation”. The Client, deceased and Defendant are all German nationals. The Official Administrator will usually get in and administer summarily an estate, not exceeding $150,000, made up of cash in hand, money at banks (account in the sole name of the Deceased) and/or Mandatory Provident Fund. The Public Application Section will usually be able to help if: In such case, you should consider seeking independent legal advice. Part VII Who can The Registrar of the High Court is ex officio Official Administrator. Add widgets to the blog sidebar to replace this text. Brief introduction on probate administration in Hong Kong, grant of representation, estate duty and estate administration, duties of executor. Entering, and Kong Grant is a Court order double probate hong kong one or more persons make! 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In the case of intestacy, Hong Kong law will apply to immovable property situated in Hong Kong, and the court will look to the law of the domicile of the deceased in respect of moveable property. (b) not less than two persons for an estate involving minor beneficiary and/or someone who is entitled to enjoy an interest for life (commonly known as minority and/or life interest respectively), and, (b) $72 fee for engrossment of a Grant, and. (a) If the application is still being processed and no Grant has been issued, inspection will be allowed if your written consent is produced. Therefore, you shall do the authentication first, followed by translation of the authenticated foreign public document, if necessary. the intestacy rules), and the priority in which persons are entitled to apply for a grant of administration follows a very similar order to the priority for distributions. For more information, please contact Alfred Ip or Jacqueline Cheng . If the deceased died domiciled in any of the following countries, and a grant has been obtained in that country, an application can be made for that grant to be resealed, so that it can be used to administer the estate in … The Official Administrator charges a commission based on the gross value of an estate at the rate of: It is a difficult question to answer because it depends on a number of factors. You may seek assistance from the Public Application Section of the Probate Registry to apply for a Grant. You may wish to send them to the Judiciary Administrator by letter addressed to the High Court, 38 Queensway, Hong Kong. Registry, Part III The Official This offer is available for stays from 12 November 2020 to 7 January 2021 at Island Shangri-La, Hong Kong. Please note that there is no more scale fee for processing an application for Grant. Hong Kong Inheritance and Probate Lawyers, Inheritance of Estate in Hong Kong and the Mainland China: the Laws and the Procedure. Why UK stance on Hong Kong democracy is a case of double standards. The Probate Registry only process non-contentious applications for Grant. It includes Probate, Letters of Administration or Letters of Administration (with Will annexed). The length of time required varies from one case to another. The Probate Registry helps the Registrar to process applications and raise requisitions to make sure that the Grant will be issued to the right person under the law. The Registrar is not allowed to issue the Grant if there is an effective Caveat against the estate of the Deceased. You may wish to engage a solicitor to help in applying for the Grant if: The staff of the Probate Registry will try their best endeavors to assist you on procedural matters in relation to an application for Grant. You may also call us at your earliest convenience to reschedule the appointment if necessary. The person is referred to as executor. Please visit the Judiciary website at https://www.judiciary.hk. Succession to "movable property" (e.g. whether it was a rented or owned property); (ii) the length of the Deceased’s stay in Hong Kong, and whether the Deceased had any intention to reside in Hong Kong permanently or for an indefinite period; (iii) where the Deceased’s business, the bulk of his investments and assets were; (iv) where the Deceased’s family and friends were; and. on or after 11 February 2006. In case that it is not possible to do so, an interim reply will be given within 10 days and, a full response within 30 days upon receipt of your letter. It is a court order authorizing one or more persons to administer the Deceased’s estate in accordance with the law. Copies are available at the Probate Registry or you can download the document from its website. and relationship of parties in the supporting affidavit. Why UK stance on Hong Kong democracy is a case of double standards. You may also do so through our enquiry hotline at 2840 1683. Rule 4(2) of the Non-Contentious Probate Rules (Cap.10A) aims at preventing persons, who are not qualified solicitors, from providing legal services. If there are two antagonistic applications, the conflict may be solved by one of the applicant taking out a Summons to have the dispute heard before a Master. Court fees are payable in accordance with the Second Schedule of the High Court Fees Rules (Cap.4D). (a) collecting and getting in all the assets of the estate; (b) paying off all the debts and liabilities of the estate; (c) distributing the net of the estate to all the beneficiaries of the estate according to the law (section 4 of the Intestates’ Estates Ordinance (Cap.73) and/or instructions in the Will); and. It is a common practice that a foreign public document can only be accepted if it is authenticated. Hours and Appointment System, Probate and Administration Ordinance (Cap.10), Estate Duty Office of the Inland Revenue Department, Second Schedule of the High Court Fees Rules (Cap.4D), https://www.hcch.net/en/instruments/conventions/status-table/?cid=41, (https://www.judiciary.hk/en/court_services_facilities/probate_booking.html). You shall apply to amend the Grant in person or through a firm of solicitors in Hong Kong. Hong Kong’s Chief Executive announced in her 2020 Policy Address on 25 November 2020 that the double ad valorem stamp duty (DSD) imposed on non-residential property transactions will be abolished with effect from today, i.e., 26 November 2020.. (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. Caveat may be understood as a notice entered at the Probate Registry against the issuance of a Grant to the estate of the Deceased without informing the Caveator, the person who entered the Caveat. However, it is not the role of the Probate Registry to help the grantee(s) to administer the estate and any staff thereof will not provide any such services. The Government introduced the DSD in 2013 as one of the measures to rein in soaring property prices by doubling the ad valorem stamp duty … (ii) pass that public document to the Chinese Embassy or Consulate in that country or territory for a second certification of the certification by the said proper authority (or foreign ministry office). (The on-line appointment can only be offered where, Part II The Probate Hong Kong has concluded 40 Double Taxation Agreements and these are categorized as follows: Comprehensive DTAs: A bilateral agreement that provides relief from double tax to all types of income. Sumarti Ningsih was found dead, and Seneng Mujiasih near death, on November 1, 2014, in a luxurious one-bedroom apartment in Wan Chai, Hong Kong.Mujiasih, who was pronounced dead shortly after being found, also used the name Jesse Lorena Ruri.The apartment was rented by Rurik George Caton Jutting, who was convicted of their murders on 8 November 2016. We always welcome suggestions and appraisals. The court will require evidence of that law, normally by an affidavit of law given by a … Usually, it is the executor who should submit the application. It costs $18 for each search. (v) the place in which his papers and personal belongings were kept, his social habits, etc. In theory, the entering of a Caveat can be contentious. You must attend personally the Probate Registry to apply for a Grant because rule 4(9) of the Non-Contentious Probate Rules (Cap.10A) does not allow application by post. Domicile is an important legal concept within the context of Grant application. With consensus from the beneficiaries, you may delegate the jobs or any part of them to professionals, like lawyers and accountants. The established practice requires two steps to be taken. The Probate Registry does not have the authority to check and obtain the information. Index to Forms Specified by the Registrar Pursuant to Rule 2A of the Non-Contentious Probate Rules, Cap 10A. This Registry only issues one grant of representation in respect of the estate of the Deceased situated in Hong Kong in the official language (Chinese or English) used by the applicant in the application for Grant. apply for a Grant? Pledges, Part XVIII Office (d) preparing of a true and perfect inventory and account of the estate. (a) the application seems simple and straightforward, (b) the nature of the estate is not complicated, and. (ii) Please visit the Judiciary website at. If the value of the estate exceeds HK$150,000, the process is basically the same but the documents will be different. However, a person having a lower priority may still be entitled to the Grant if the persons with higher priority have either died or renounced their rights to the Grant. Generally, a Hong Kong grant is required to administer property owned by the deceased situated in Hong Kong. It is a court order authorizing one or more persons to administer the Deceased’s estate according to the directions in the Will. (i) explaining how the Grant was lost and/or misplaced; (ii) providing reason(s) that a Duplicate Grant is necessary; and. However, reasons should be included in the relevant Specified Form to explain to the Court the delay in making the application. Estate outside Hong Kong shall therefore not be included in Specified Form N4.1. Please visit the website at https://www.hcch.net/en/instruments/conventions/status-table/?cid=41 or check with the Probate Registry in case of doubt. Further, you have to bring along all relevant documents, papers and evidence proving your entitlement to the Grant. (i) Please take notice of the announcements of the Judiciary through radio, television or other media. For example, a marriage certificate proves a valid marriage, a death certificate confirms the death of a person, and a birth certificate shows the identity of one’s parents. Subject to changes from time to time, currently, they include Australia, Belgium, France, Germany, Greece, Hong Kong, Hungary, Italy, Japan, Macau, Mexico, Netherlands, Norway, Portugal, Republic of Korea, South Africa, Spain, Sweden, Switzerland, India, the United Kingdom of Great Britain and Northern Ireland as well as the United States of America. I apply for a Grant? (b) arrange to have that notarial certificate passed to However, if it is not the case, for example, he died in the Mainland/overseas or that his stay in Hong Kong was limited by the Immigration Department, you shall file an affidavit (preferably prepared by the Deceased’s surviving spouse or a member of the family) dealing with the following matters: To ascertain if the Grant for the estate of the Deceased has or has not been applied for and/or obtained, you may come to the Probate Registry to conduct a computer search (by inserting the name of the Deceased or file reference of the Probate Registry with the case prefix of “HCAG” or “HCCV”). Inheritance tax has been abolished in Hong Kong since 2005. You may also consult your solicitor. If he rented a bank safe deposit box on his own or jointly with others, you should follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to apply for inspection of the box, taking inventory and removal of the Will of the Deceased, if any. This gives you two phone numbers to … (b) However, if you wish to be assisted by the Public Application Section in your application for Grant, you may make an appointment with our processing officer through: (https://www.judiciary.hk/en/court_services_facilities/probate_booking.html). (c) the father and/or mother of the Deceased. Caveat proceedings start at the time when a Caveat was entered with the Probate Registry against an estate of a Deceased. You are suggested to read carefully “The Guide to the Specified Forms” issued by the Registrar of the High Court. (c) Scale fee for processing an application for Grant: (a) $265 fee for filing an application, and. Discount is reflected at the time of reservation. (ii) Upon being warned, the Caveator may withdraw the Caveat or enter an “Appearance to Warning" (Specified Form C1.4) to respond to your Warning. Probate in Hong Kong- What if Two Applications for the Probate of the same estate? It appears that the UK grant will need to be resealed in Hong Kong. the Ministry of Foreign Affairs of China for a certification that the signature and/or seal of the local notarial office are/is true. Having said that, very briefly, domicile means the country or place where the Deceased stayed lawfully and intended it to be his permanent home at the time of his death. The Caveator may file a “Withdrawal of Caveat" (Specified Form C1.2) if parties have come to an agreement and the Probate Registry will then revive processing your application for Grant upon your request / notification, and/or. No further adjustment will be made upon room … The Probate Jurisdiction in Hong Kong is … (a) 5% ............................... first $1,000, (b) 2.5%............................. next $4,000, (c) 1% ................................ balance, (c) whether the Deceased made a Will, and. Hence, the primary obligation to choose and complete the correct Specified Forms rests on you. Where the deceased died domiciled outside Hong Kong, and the whole of the estate in Hong Kong consists of immovable property, a grant limited to that property may be made in accordance with Hong Kong law (i.e. Therefore, any document which is not in either Chinese or English has to be translated. Note: 1: Please click here for the Agreement between the Hong Kong Special Administrative Region and Georgia for the Elimination of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Tax Evasion and Avoidance. Why UK stance on Hong Kong democracy is a case of double standards. When dealing with a cross-border probate case, it is important to understand what the foreign law involved provides. Court Services & Facilities > Forms > Probate Registry. The Wills & Probate team of Leung Kin & Co. is experienced in assisting both local and overseas clients to make applications for grant of probate and letters of administration in respect of the estate of the deceased who died leaving assets in Hong Kong. Prior to the Arrangement, a Hong Kong resident is subject to tax in Macau if it carries out business activities in Macau, even though the relevant activities may be limited (e.g., Hong Kong employees travelling to … They are available in hard copies at the Probate Registry and in soft copies on its website. Nonetheless, if the Deceased died leaving estate in Hong Kong, you may consider the following matters, namely: You must attend the Estate Duty Office of the Inland Revenue Department to apply and obtain the necessary estate duty clearance papers. This is the reason why, with the increasing number of probate cases involving French nationals residing in Hong Kong, we have made a brief introduction to the French inheritance process. Dec, 2017 by Hong Kong Inheritance and Probate Lawyers | 0 Comments. In most treaties concluded by Hong Kong, double taxation is eliminated by allowance of a tax credit. A person may apply through his lawfully constituted attorney if he resides outside Hong Kong and is entitled to the Grant himself. Authentication is to be done on the original foreign public document and not the translation. The Grant is an important legal document which usually authorizes the grantee to deal with the estate without limitation. Well and truly administer and faithfully dispose of, all such property and estate, rights and credits as the deceased at the time of his or her death was entitled to within Hong Kong… To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. Please also do not hesitate to contact the Probate Registry if you have any query. The Official Administrator provides an inexpensive way of dealing with estates of small value. Hong Kong Tax Alert - Issue 12, December 2019. are raised by the Registrar, the processing time will take longer. A person cannot be without a domicile and cannot have two domiciles at the same time. (iii) Depending on the circumstances, parties should then take out appropriate application by “Summons” to call for a short hearing before the Registrar for directions/orders. The staff of the Probate Registry will inform you by letter after the Probate Registry has got the original Grant and estate duty clearance papers from the Estate Duty Office and the Grant file from the Public Records Office. If your request is agreed, the Registrar will usually ask you to acknowledge receipt of the original document, undertake to return it upon request and provide him with a photocopy for the court record. If the estate is sworn under the net value of. * Within this webpage, “foreign” means countries and places other than Hong Kong. (a) For deaths before 11 February 2006, you shall first attend the Estate Duty office of the Inland Revenue Department to apply for a certified copy of the estate duty clearance papers. On the other hand, after a period of 6 months from the date of the issuance of the Grant, you may apply, on good grounds, for the return of the original marriage certificates, birth certificates and death certificates (other than that of the Deceased) from the Registrar who will make a decision on your application according to the circumstances. A Caveat remains in force for 6 months from the date of its entering, and can be further entered. Hong Kong continues to grow in strength as a trust hub attracting settlors who desire a modern trust law in a settled and mature legal system. If there are two antagonistic applications, the conflict may be solved by one of the applicant taking out a Summons to have the dispute heard before a Master. By way of practice, the Probate Registry usually accepts that the Deceased died domiciled in Hong Kong if he (a) died in Hong Kong and (b) had a Hong Kong Permanent Identity Card. The Probate Registry of Hong Kong High Court will not issue two grants to two separate and independant applicants regarding the same estate. For example, if you (as a Hong Kong resident) own a flat in England, that flat will usually be governed by the succession law of England after your death. Inheritance Law in Hong Kong – How Estate be Distributed under Instestation? The domicile of the Deceased is important because it determines the applicable law regulating to whom the Grant is to be issued as well as how the estate is to be distributed. Any step taken by you to enter a Caveat, a Warning, an Appearance and a Summons could cause legal consequences, including costs. In order to avoid the taxation of income both in the country where it is produced and in the country where the individual or company usually resides, Hong Kong and Japan have agreed to sign a double tax treaty that clarifies the taxation method on income. You should note that a Grant shall be issued to: You should complete the appropriate Specified Form(s). (a) the application does not seem simple and straightforward, (b) the nature of the estate is complicated, and/or. However, in certain circumstances where one’s affairs and wishes are more complex further time is warranted and the costs can vary, but we would give an estimate before proceeding. However, in the event that it has been somehow lost or misplaced, and the Grant is needed for administration of the estate or otherwise, you may apply for a Duplicate Grant in person or through a firm of solicitors in Hong Kong. Neither does any of its staff check and verify the correctness of the same. If you need money urgently for funeral expenses or maintenance of former dependents of the Deceased, or that the estate consists of money only not exceeding $50,000, you should also follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to seek assistance. (i) where the Deceased’s home was, and the form of residence (e.g. However, for death of a Deceased on or after 11 February 2006, the burden lies on you, as the applicant of the Grant, to check and obtain the details of the estate from the relevant authorities and fill in the Specified Form N4.1. Subject to the payment of the relevant fee (if any), it usually takes about 4 to 8 weeks for the amendment to be done. Each foreign public document serves a particular purpose. The person is referred to as administrator. (i) your written consent is produced; or. Administrator, Part V Death before However, you should note rule 4(8) of the Non-Contentious Probate Rules (Cap.10A) states clearly that no legal advice shall be given to a personal applicant by any person in the Probate Registry. (Closed on Saturdays, Sundays and Public Holidays). In simple words, the order of priority is: As a matter of general rule, the one with higher priority should file the application for Grant. You need to: (i) take the public document to the proper authority (or foreign ministry office, as the case may be) in that country or territory for a certification that the signature and/or seal of the issuing authority on the public document are/is true, and. The documents needed for an application for a grant in Hong Kong will depend on the facts of the case itself, eg. A service charge will be imposed in accordance with the Hong Kong inheritance laws through the Probate and Administration Ordinance. Part VIII What should I note in relation to an application for Grant? (b) For deaths on or after 11 February 2006, you shall bring the original Grant with the documents showing the additional assets and liabilities to the Probate Registry to apply to amend the Schedule of Assets and Liabilities. Part IX How can Email (will not be published) (required) Mail (will not be published) (required), Wordpress Law Theme YAN LAWYERS 香港 - 閆顯明律師事務所. The Probate Registry follows that practice. (c) the Registrar considers it proper to offer help. (d) the brother and/or sister of the Deceased. Act as legal representatives for executors or administrators and administration of deceased estates and give legal advice. You may apply to the Official Administrator for his assistance by summary administration to claim reimbursement of the funeral expenses if the estate meets the circumstances as per paragraph 3.3 above. (ii) the Registrar is satisfied that good reason(s) has been shown, for example, the requesting party is one of the beneficiaries of the estate and is making enquiries of the estate. Depending on the circumstances, you may consider: (a) contact and negotiate with the Caveator to resolve the matter. (b) issue the Grant within 28 working days upon payment of all court fees and when all requisitions have been complied with. You should therefore seek independent legal advice before taking any step as such. Hence, any estate outside Hong Kong, including those in the Mainland and Macau, has to be dealt with and administered according to the relevant law and regulations where the estate is situated. However, different countries issue different public documents in different forms and languages. (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. The rule prohibits application through an agent, whether paid or unpaid. Every such bond shall be in a penalty of double the amount under which the estate of the deceased person is sworn, unless the court in any case thinks fit to direct (a) send letter of requisitions, if any, to your solicitor within 28 working days after the application has been filed, and. Union flags fly before the Houses of Parliament in London. Yes, just to confuse matters, the process of authenticating foreign documents for the Hong Kong Probate Registry is slightly different – and unfortunately, potentially even more complex. (b) the child or children of the Deceased. (a) obtain a notarial certificate from the local notarial office, and. Help to apply to High Court Probate Registry for grant of representation, letters of administration. The probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. Grant is a court order and you shall keep it in good and safe custody. However, if the application is not simple and straightforward and/or the nature of the estate is complicated, the length of time required may be longer. You then become the “Person Warning”. If the two applicants are of the same ranking of priority, unless there are good reason, the probate will usually be granted to the first applicant in time, or to an independant professional as recommended by the party or parites or appointed by the court. Hong Kong Tax Alert - Issue 12, December 2019. money, company shares, personal belongings) is governed by the law of the deceased's place of … It will require evidence of that law, normally by an affidavit of law given by a … It is the process of proving that a foreign* public document is genuine. The person is also referred to as administrator. Hong Kong company (the “Company”) with a business partner (the “Defendant”), and the Defendant is acting as the director of the Company. 19.2 What is the telephone number of the Probate Registry? To answer this question requires an understanding of some technical terms in the rule and an interpretation of the subject Will. For example, the first priority goes to the deceased’ spouse, then children, then parents. Both Chinese and English are official languages in Hong Kong. Practice areas include: Banking & Finance, China Practice, Company Formation, Corporate Finance & Capital Markets, Criminal & Commercial Crime, Employment, Regulatory, Investigations and Proceedings, Licensing and Compliance, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation & Dispute … Authenticating Foreign Documents for Hong Kong Probate Application. If the application has become “contentious”, the contention must be resolved first. You may apply to the Official Administrator for his assistance by summary administration if the estate meets the circumstances mentioned in paragraph 3.3 above. It must be borne in mind that Caveat proceedings is by its nature “contentious” and can well be the beginning of “litigation”. The Client, deceased and Defendant are all German nationals. The Official Administrator will usually get in and administer summarily an estate, not exceeding $150,000, made up of cash in hand, money at banks (account in the sole name of the Deceased) and/or Mandatory Provident Fund. The Public Application Section will usually be able to help if: In such case, you should consider seeking independent legal advice. Part VII Who can The Registrar of the High Court is ex officio Official Administrator. Add widgets to the blog sidebar to replace this text. Brief introduction on probate administration in Hong Kong, grant of representation, estate duty and estate administration, duties of executor. Entering, and Kong Grant is a Court order double probate hong kong one or more persons make! 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