1986 Ed.]
Intestates' Estates
[CAP. 73
5
(10) A husband and wife shall for all purposes of distribution or division under the foregoing provisions of this section be treated as 2 persons.
(11) Where the intestate and the intestate's husband or wife have died in circumstances rendering it uncertain that one of them, or which of them, survived the other this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate. (Amended, 62 of 1984, s. 11)
(12) The interest payable on the net sum of $50,000 or such lesser sum, as the case may be, payable to the surviving husband or wife under subsection (3) and the interest payable on the net sum of $200,000 or such lesser sum, as the case may be, payable to the surviving husband or wife under subsection (4) shall be primarily payable out of income.
(13) The Legislative Council may, from time to time, by resolution vary either or both of the net sums charged by subsections (3) and (4), and any reference in this Ordinance, or in any other Ordinance, to either of such net sums shall have effect as a reference to the corresponding net sum as varied under this subsection.
(14) Any resolution under subsection (13) varying the amount of either of such net sums shall have effect in relation to the estate of any person dying after the coming into force of the resolution.
4A. (1) If while a decree of judicial separation is in force and the separation is continuing either of the parties whose marriage is the subject of the decree dies after 1 July 1972 intestate as respects all or any of his or her real or personal property, the property of that party as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.
(2) Notwithstanding anything in section 5(a) of the Separation and Maintenance Orders Ordinance, a provision in force in an order made, or having effect as if made, under that section that a party to a marriage be no longer bound to cohabit with the other party to the marriage shall not have effect as a decree of judicial separation on the ground of cruelty for the purposes of this section.
(Added, 39 of 1972, s. 33(3))
5. (1) Where under this Ordinance the residuary estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts, namely-
(a) in trust, in equal shares if more than one, for all or any of the children or child of the intestate, living at the death of the intestate, who attain the age of 21 years or marry under that age, and for all or any of the issue living at the death of the intestate who attain the age of 21 years or marry under that age of any child of the intestate who predeceases the intestate, such issue to take through all degrees, according to their stocks, in equal shares if more than one, the share
LN419/87
Judicially separated spouses not entitled to claim in intestacy of each other.
1970 c. 45. s. 40,
(Cap. 16.)
Statutory trusts
in favour of issue and other classes of relatives of intestate.
1925 c. 23, s. 47.