Inheritance in Hong Kong and the Mainland
Inheritance procedures and issues have always been a subject of interest to Hong Kong residents. Due to the increasingly strong ties between the Mainland and Hong Kong, it has become more and more common for Hong Kong residents to acquire real properties and retain chattels in the Mainland. At Sun Lawyers LLP, we have accumulated a wealth of experience in these areas throughout the years and would like to offer our fellow readers a brief introduction regarding how to inherit estates of Hong Kong residents in Hong Kong and Mainland respectively.
Inheriting Estates of Hong Kong Residents in Hong Kong
Broadly speaking, there are two kinds of scenarios in estate inheritance: (1) with a will; and (2) without a will.
For the cases where the deceased had a valid will and an executor has been appointed in the will, the executor may apply to the Probate Registry for a grant of probate in accordance with the will.
If the deceased did not have a valid will, a person with a priority of grant under the law may apply to the Probate Registry for letters of administration. Pursuant to the Non-Contentious Probate Rules (Cap. 10A), the order of priority for grant in case of intestacy is as follows: (1) the surviving spouse; (2) the children of the deceased; (3) the father or mother of the deceased; and (4) the brothers and sisters of the deceased. If there is more than one person who is equally eligible for the application of letters of administration, any of they may apply to the Probate Registry for appointment as an administrator. Under certain circumstances, the Probate Registry may appoint an administrator outside the aforesaid persons at its discretion.
Inheriting Estates of Hong Kong Residents in the Mainland
In simple terms, Hong Kong common law provides that the deceased’s chattels (e.g., cash, stocks) be governed by the law of his place of domicile at the date of his death; whereas his immovable properties (e.g., real estates, lands) be governed by the law of the place where the said immovable properties are situated.
If the deceased had a valid will, both Hong Kong laws and Mainland laws provide that the validity of the will be determined by the law of the testator’s place of domicile. Therefore, the People’s Courts of the Mainland recognizes the jurisdiction of Hong Kong laws in determining the validity of a will made in Hong Kong. Despite the estate which a Hong Kong resident is entitled to inherit is situated in the Mainland, the family of the deceased must first acquire a grant of probate/ letters of administration from the High Court of Hong Kong.
Unlike Mainland residents inheriting estates in the Mainland, Hong Kong residents must have their identity and relationship documents (e.g., death certificate, birth certificate, marriage certificate) as well as the grant of probate/ letters of administration notarized by a China-Appointed Attesting Officer.
Distribution of the Estates
After obtaining the grant of probate/ letters of administration (as the case may be), the executor(s)/ administrator(s) shall distribute the estates according to the deceased’s will (if the deceased died leaving a valid will) or the provisions of the Intestates’ Estates Ordinance (Cap. 73) (in the case of intestacy).
At Sun Lawyers LLP, we have accumulated abundant experience assisting Hong Kong residents in inheriting estates in both Hong Kong and the Mainland. Please feel free to contact us if you have any enquiries.
