
Contents
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SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM SECTION A: BRIEF SURVEY OF THE LOCAL SYSTEM
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1. Type of System 1. Type of System
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2. Wills 2. Wills
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3. Intestacy 3. Intestacy
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4. Freedom of Testation 4. Freedom of Testation
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5. Maintenance 5. Maintenance
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6. Community Property between Husband And Wife 6. Community Property between Husband And Wife
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7. Joint Property 7. Joint Property
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8. Gifts (Inter Vivos) 8. Gifts (Inter Vivos)
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9. Capacity 9. Capacity
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10. Authority (Court, Notarial, or Other) 10. Authority (Court, Notarial, or Other)
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11. Invalidity of Will 11. Invalidity of Will
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12. Simultaneous Death 12. Simultaneous Death
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13. Presumption of Death 13. Presumption of Death
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14. Estate Taxes 14. Estate Taxes
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15. Administration of Estates 15. Administration of Estates
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16. Domicile/Nationality 16. Domicile/Nationality
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17. Charitable Giving 17. Charitable Giving
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SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED SECTION B: APPLICABLE LAW/PROCEDURE WHERE FOREIGN ELEMENTS ARE INVOLVED
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1. Jurisdiction 1. Jurisdiction
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2. Applicable Law 2. Applicable Law
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3. Foreign Succession/Inheritance Orders 3. Foreign Succession/Inheritance Orders
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4. Two or More Succession or Probate Orders 4. Two or More Succession or Probate Orders
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5. Assets 5. Assets
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6. Expert Evidence 6. Expert Evidence
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7. Unity of Succession 7. Unity of Succession
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8. Formalities 8. Formalities
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9. The Hague Convention 9. The Hague Convention
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10. Wills 10. Wills
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11. Domicile/Nationality 11. Domicile/Nationality
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12. Taxation 12. Taxation
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Cite
Abstract
This chapter chronicles how the English common law and the rules of equity, subject to such modifications as circumstances required and subject to any amendment or law that applied to Hong Kong, were in force in Hong Kong. It recounts that the legal system applied in Hong Kong is that of common law, but it is modified by local ordinances in accordance with local circumstances. The chapter also examines the formalities for different types of will in Hong Kong. It reveals the testator/trix must be of full age (18 years old), unless the testator/trix is married, in actual naval, military or air force service or a mariner or seaman at sea. This chapter then shifts to investigate the law of intestacy in Hong Kong which is governed by the Intestates’ Estate Ordinance. As regards a person who died intestate between 7 October 1971 and 3 November 1995, the provisions under the Intestates’ Estate Ordinance 1971 apply. The chapter also studies the compulsory shares for husband/wife/common law wife, civil partner or children. It finally looks at the concept of community property between husband and wife and concept of forced heirship under the laws of Hong Kong.
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