CAP. 129]
Deceased's Family Maintenance.
[1971 Ed.
CHAPTER 129.
Originally 12 of 1971.
35 of 1971.
L.N. 91/71.
20140 Short title.
Interpretation.
(Cap. 111.)
(Cap. 290.)
(Cap. 97)
DECEASED'S FAMILY MAINTENANCE.
To provide for maintenance of certain dependants out of the estates
of deceased persons.
[7th October, 1971.]
1. This Ordinance may be cited as the Deceased's Family Maintenance Ordinance.
2. (1) In this Ordinance, unless the context otherwise requires---
"court" means the Supreme Court;
“death duties" means estate duty under the Estate Duty Ordinance
and every other duty leviable or payable on death;
"dependant", in relation to a deceased person, means-
(a) a wife or husband of the deceased by a valid marriage; (b) a daughter of the deceased by a valid marriage who has
not been married;
(c) an infant son of the deceased by a valid marriage; (d) a son of the deceased by a valid marriage who is, by reason of some mental or physical disability, incapable of maintaining himself; and
(e) a parent of the deceased substantially maintained by him
immediately before his death:
"son" and "daughter", respectively, in relation to a deceased person,
mean-
(a) a male or female child of a valid marriage to which the
deceased was a party;
(b) a male or female child adopted by the deceased-
(i) in pursuance of an adoption order made under the Adoption Ordinance; or
(ii) by an adoption to which section 17 of the Adoption Ordinance applies;
(c) a male or female child of the deceased by a valid marriage en ventre sa mère at the time of the death of the deceased;
"will" includes codicil and any other testamentary document.
(2) In this Ordinance "net estate" means all the property of which a deceased person had power to dispose of by his will (otherwise than by virtue of a special power of appointment) less the amount of his funeral, testamentary and administration expenses, debts and liabilities and death duties payable out of his estate on his death, but does not include land to which Part II of the New Territories Ordinance applies and which has not been exempted by the Governor under subsection (2) or (3) of section 7 of that Ordinance from the provisions of that Ordinance.