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. 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 * Within this webpage, “foreign” means countries and places other than Hong Kong. A person may apply through his lawfully constituted attorney if he resides outside Hong Kong and is entitled to the Grant himself. Before a grant can be issued to one of the applicant, the other application must be dismissed or withdrawn by the applicant. Administrator, Part V Death before (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. Grant is a court order and you shall keep it in good and safe custody. You may however apply for photocopies of them upon payment of the prescribed fees. You should therefore seek independent legal advice before taking any step as such. The established practice requires two steps to be taken. 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. 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. The deceased is still regis-tered as a shareholder of he t Company. Hong Kong and Singapore, Tax. (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. It appears that the UK grant will need to be resealed in Hong Kong. Depending on the circumstances, you may consider: (a) contact and negotiate with the Caveator to resolve the matter. Why UK stance on Hong Kong democracy is a case of double standards. May 2, 2019 . 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 … However, if requisitions (including reasons why the additional assets and liabilities were not discovered earlier, requirement of top-up surety guarantee or amendment on the supporting affidavit, etc.) 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. 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”). (b) issue the Grant within 28 working days upon payment of all court fees and when all requisitions have been complied with. (i) where the Deceased’s home was, and the form of residence (e.g. It is a matter of your own choice. 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. A list of solicitors’ firms published by the Law Society of Hong Kong is available for perusal at the Probate Registry. 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 … A person cannot be without a domicile and cannot have two domiciles at the same time. (i) your written consent is produced; or. If the estate is sworn under the net value of. For any issue regarding probate and inheritance in Hong Kong, you are welcome to consult an inheritance lawyer of our firm. 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 … Website made by Hong Kong lawyers who offer probate application service. (i) explaining how the Grant was lost and/or misplaced; (ii) providing reason(s) that a Duplicate Grant is necessary; and. (a) the application does not seem simple and straightforward, (b) the nature of the estate is complicated, and/or. (a) For country or territory who has participated in the Hague Convention abolishing the requirement of legalization for foreign public documents, one step is required. Succession to "movable property" (e.g. Robertsons Solicitors is a major independent Hong Kong law firm. The person is referred to as executor. 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 … They are available in hard copies at the Probate Registry and in soft copies on its website. Each page of a copy costs $4. Inheritance tax has been abolished in Hong Kong since 2005. (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. 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. Inheritance Law in Hong Kong – How Estate be Distributed under Instestation? The Registrar of the High Court is ex officio Official Administrator. (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). Hong Kong Tax Alert - Issue 12, December 2019. The Probate Registry follows that practice. (2) In the event that an online appointment cannot be offered, you may either attend the Probate Registry (Floor LG3, High Court Building, 38 Queensway, Hong Kong) or telephone our hotline (2840 1683) during office hours for the information and/or to make an appointment in relation to your application. Rule 4(2) of the Non-Contentious Probate Rules (Cap.10A) aims at preventing persons, who are not qualified solicitors, from providing legal services. (i) the hotline 2840 1683 during office hours; or, (ii) personal attendance at the Probate Registry (Address: LG3, High Court, 38 Queensway, Hong Kong); or, (1) the deceased died in Hong Kong without leaving a Will; and, (2) the deceased was a permanent Hong Kong Resident; and, (3) the applicant is the surviving spouse / child / father or mother of the deceased, as the case may be; and, (4) the application seems simple and straightforward and the nature of the estate is not complicated; and, (5) the applicant is mentally and physically capable of handling the procedural matters in relation to an application for Grant; and, (6) all supporting documents must be issued by Hong Kong authorities.). The probate jurisdiction is inquisitorial. 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. 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 … For more information, please contact Alfred Ip or Jacqueline Cheng . Caveat proceedings start at the time when a Caveat was entered with the Probate Registry against an estate of a Deceased. 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. (a) send letter of requisitions, if any, to your solicitor within 28 working days after the application has been filed, and. 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. (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. 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. For deaths before 1 March 2009, common law applied to determine the domicile of the Deceased at the time of his death. You may wish to send them to the Judiciary Administrator by letter addressed to the High Court, 38 Queensway, Hong Kong. (a) For the purpose of making general enquiry, you need not make any prior appointment. 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. About I have practised law in England, Hong Kong and in California USA for over 40 years, and have for the last 9 years been engaged in the transfer and sale of foreign assets for deceased's estate, including the resealing of English Grants in foreign jurisdictions; and also if necessary, obtaining the issuing of a new Grant of Probate in the foreign country concerned. The probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. To assist him in discharging his duties, the Probate Registry has been established as part and parcel of the Judiciary. The Client, deceased and Defendant are all German nationals. An application to the Probate Registry of the High Court of Hong Kong for a Grant of Probate must be made by the executor appointed under the Will, when a deceased died leaving a Will, in order to administer and distribute the estate pursuant to the wishes of the deceased under the Will. You then become the “Person Warning”. Any balance of the estate leaving unclaimed for 5 years thereafter will be transferred to the general revenue of the Government. The probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. He helps the beneficiaries to obtain money summarily under the estate. (a) the application seems simple and straightforward, (b) the nature of the estate is not complicated, and. 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. 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. 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. 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. Copies are available at the Probate Registry or you can download the document from its website. (a) 5% ............................... first $1,000, (b) 2.5%............................. next $4,000, (c) 1% ................................ balance, (c) whether the Deceased made a Will, and. Act as legal representatives for executors or administrators and administration of deceased estates and give legal advice. 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… You may also consult your solicitor. Neither does any of its staff check and verify the correctness of the same. Any step taken by you to enter a Caveat, a Warning, an Appearance and a Summons could cause legal consequences, including costs. (b) For country or territory who has not participated in the Hague Convention abolishing the requirement of legalization for foreign public documents, two steps are necessary. Hong Kong Tax Alert - Issue 12, December 2019. Very briefly, it includes the following basic steps: It takes about 5 weeks upon payment of all court fees and when all requisitions have been complied with. It will require evidence of that law, normally by an affidavit of law given by a … Pledges, Part XVIII Office and $400 for every additional $100,000 or part thereof. The court will require evidence of that law, normally by an affidavit of law given by a … 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. You need to take the public document to the proper authority in that country or territory and obtain a Certificate of Apostille certifying the signatures and/or seal of the issuing authority. Why UK stance on Hong Kong democracy is a case of double standards. Authenticating Foreign Documents for Hong Kong Probate Application. It is a court order authorizing one or more persons to administer the Deceased’s estate according to the directions in the Will. Union flags fly before the Houses of Parliament in London. The Probate Registry always tries to give immediate reply to any inquiry from the members of the public. 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. (c) you are not familiar with the legal procedures such as preparation and filing of the necessary papers. For death of a Deceased before 11 February 2006, the Estate Duty Office of the Inland Revenue Department may help you to verify the estate. (b) For deaths on or after 11 February 2006, you shall attend the Probate Registry directly and file such application by way of an affidavit: Furthermore, you have to apply for and file a certified copy of the Schedule of Assets and Liabilities (including the Additional Schedule) and the Will (if any); and pay $217 ($145 for court fee and $72 for engrossment fee). I apply for a Grant? 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. Indeed, section 24A of the Probate and Administration Ordinance (Cap.10) states clearly that assets and liabilities of the Deceased means those within Hong Kong only. You should follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to seek assistance. (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. The documents needed for an application for a grant in Hong Kong will depend on the facts of the case itself, eg. Index to Forms Specified by the Registrar Pursuant to Rule 2A of the Non-Contentious Probate Rules, Cap 10A. You should note that a Grant shall be issued to: You should complete the appropriate Specified Form(s). All documents filed form part of the court record and are usually not to be returned. 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. Brief steps of administration of an estate includes 4 major steps: It is the duty of the grantee(s) to administer the estate according to the law. 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