Under Hong Kong laws, there is an order for the priority of persons entitled to the application of a probate regarding a deceased person’s estate. You should note that a Grant shall be issued to: You should complete the appropriate Specified Form(s). (i) where the Deceased’s home was, and the form of residence (e.g. However, two recent decisions illustrate that tax liability may arise in the form of stamp duty, in certain circumstances, from the assent of … (a) obtain a notarial certificate from the local notarial office, and. The established practice requires two steps to be taken. You may wish to send them to the Judiciary Administrator by letter addressed to the High Court, 38 Queensway, Hong Kong. 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. (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. 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. Registry, Part III The Official (The on-line appointment can only be offered where, Part II The Probate 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. A Caveat remains in force for 6 months from the date of its entering, and can be further entered. 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. 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. This will depend on the gross value of the property. Administrator, Part V Death before Dec, 2017 by Hong Kong Inheritance and Probate Lawyers | 0 Comments. : 2: Ireland introduced the Universal Social Charge ("USC"), a new tax imposed on total income, with effect from 1 January 2011. When dealing with a cross-border probate case, it is important to understand what the foreign law involved provides. Estate outside Hong Kong shall therefore not be included in Specified Form N4.1. Index to Forms Specified by the Registrar Pursuant to Rule 2A of the Non-Contentious Probate Rules, Cap 10A. (d) preparing of a true and perfect inventory and account of the estate. Enquiries Tel/whatsapp : 6419-9999 . 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. Hong Kong’s Current Tax Treaties. A person may apply through his lawfully constituted attorney if he resides outside Hong Kong and is entitled to the Grant himself. 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. Part VII Who can Probate Lawyer in Hong Kong: How to Inherit Estate in Hong Kong, Hong Kong Probate Lawyer – How Overseas Chinese Inherit Estate in Hong Kong, Purchase and Sale of Real Property in Hong Kong, Financial Licenses Application in Hong Kong, Notarization and Witness the Signing of Documents in Hong Kong, Divorce and Family Law in the Mainland China, Intellectual Property Legal Practice in China, Corporate and Commercial Legal Practice in Australia, legal recruitment Hong Kong law firm – YAN Lawyers. For deaths before 1 March 2009, common law applied to determine the domicile of the Deceased at the time of his death. 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 … Please check what the Deceased has left. 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.. Part XVII Performance (a) the application seems simple and straightforward, (b) the nature of the estate is not complicated, and. 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. 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.) (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. YAN LAWYERS - Hong Kong Solicitors and PRC Lawyers. 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. Our probate and inheritance legal team (consists of both Hong Kong solicitors and PRC lawyers) will answer your questions regarding inheritance matters in Hong Kong and the Mainland China. I apply for a Grant? You may also do so through our enquiry hotline at 2840 1683. 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. (i) explaining how the Grant was lost and/or misplaced; (ii) providing reason(s) that a Duplicate Grant is necessary; and. It is a court order authorizing one or more persons to administer the Deceased’s estate in accordance with the directions in the Will when no executor is appointed or no executor is able or willing to act for whatever reasons. To administer the estate of the Deceased, you shall obtain the Grant first. The probate jurisdiction is inquisitorial. 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. Both Chinese and English are official languages in Hong Kong. Subject to the payment of the relevant fee (if any), it usually takes about 4 to 8 weeks for the amendment to be done. The court will require evidence of that law, normally by an affidavit of law given by a … For simple and straightforward case, it usually takes about 5 to 7 weeks on average. The Grant is an important legal document which usually authorizes the grantee to deal with the estate without limitation. In China mainland, Hong Kong, and Macao, iPhone 12, iPhone 12 Pro, iPhone 12 Pro Max, iPhone 11, iPhone 11 Pro, iPhone 11 Pro Max, iPhone XS Max, and iPhone XR feature Dual SIM with two nano-SIM cards. Please visit the Judiciary website at https://www.judiciary.hk. 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 … There is no law limiting the time to apply for a Grant after the death of the Deceased. However, reasons should be included in the relevant Specified Form to explain to the Court the delay in making the application. should I note in relation to an application for Grant? Domicile is an important legal concept within the context of Grant application. 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. 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. You may however apply for photocopies of them upon payment of the prescribed fees. Rule 4(1) of the Non-Contentious Probate Rules (Cap.10A) allows you to do so. 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. (ii) Please visit the Judiciary website at. If the estate is sworn under the net value of. apply for a Grant? 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. 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. 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. Part IX How can Further, you have to bring along all relevant documents, papers and evidence proving your entitlement to the Grant. (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. The documents needed for an application for a grant in Hong Kong will depend on the facts of the case itself, eg. (a) If the application is still being processed and no Grant has been issued, inspection will be allowed if your written consent is produced. The Probate Registry does not have the authority to check and obtain the information. Rule 4(2) of the Non-Contentious Probate Rules (Cap.10A) aims at preventing persons, who are not qualified solicitors, from providing legal services. on or after 11 February 2006. The Registrar is not allowed to issue the Grant if there is an effective Caveat against the estate of the Deceased. (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). Inheritance tax has been abolished in Hong Kong since 2005. money, company shares, personal belongings) is governed by the law of the deceased's place of … 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 … 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. 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 always tries to give immediate reply to any inquiry from the members of the public. Union flags fly before the Houses of Parliament in London. Thule - Bring your life 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. Evidence of death or renunciation has to be filed with the Probate Registry. Pledges, Part XVIII Office 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. It is however just the beginning of the whole process. However, different countries issue different public documents in different forms and languages. 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. 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. The length of time required varies from one case to another. 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. (i) You may issue a court document “Warning to Caveator" (Specified Form C1.3) against the Caveator. Why UK stance on Hong Kong democracy is a case of double standards. Website made by Hong Kong lawyers who offer probate application service. The Probate Registry of Hong Kong High Court will not issue two grants to two separate and independant applicants regarding the same estate. You shall apply to amend the Grant in person or through a firm of solicitors in Hong Kong. As regards Hong Kong, it is unfortunately very expensive (we will let you have details in due time), and difficult as it does not have a small estate procedure for shareholdings of small value; and also does not permit applications to be filed with the Hong Kong Probate Registry direct, such applications having to be filed by local solicitors based in Hong Kong. (c) the father and/or mother of the Deceased. Depending on the circumstances, you may consider: (a) contact and negotiate with the Caveator to resolve the matter. (i) Please take notice of the announcements of the Judiciary through radio, television or other media. You then become the “Person Warning”. Hong Kong company (the “Company”) with a business partner (the “Defendant”), and the Defendant is acting as the director of the Company. Act as legal representatives for executors or administrators and administration of deceased estates and give legal advice. Any balance of the estate leaving unclaimed for 5 years thereafter will be transferred to the general revenue of the Government. 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 the value of the estate exceeds HK$150,000, the process is basically the same but the documents will be different. (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. If you are not free or have some other engagements, you may authorize someone in writing to help submitting and filing the information, documents or evidence. 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. Robertsons Solicitors is a major independent Hong Kong law firm. 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. Hong Kong Tax Alert - Issue 12, December 2019. (b) arrange to have that notarial certificate passed to 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) 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.). (b) If the application has been completed and the Grant has been issued, inspection will not be allowed unless: However, save and except the provision of a copy of the Grant (which by nature is a public document), no inspection will be allowed if parties have been litigating with each other and discovery should be done within the legal proceedings between the parties. and $400 for every additional $100,000 or part thereof. Hence, the primary obligation to choose and complete the correct Specified Forms rests on you. (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 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. 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