1987 Ed.]

Matrimonial Causes Rules

[CAP. 179

A 73

3. [If the respondent is a personal representative of the deceased: You must also file an affidavit in answer to the applicant's application containing full particulars of the value of the deceased's estate for probate, after providing for the discharge of the funeral, testamentary and administration expenses, debts and liabilities, including the amount of the estate duty and interest thereon, and the persons or classes of persons beneficially interested in the estate, with the names and addresses of all living beneficiaries and stating whether any beneficiary is an infant or incapable, by reason of mental disorder, of managing and administering his property and affairs.]

[Or, if the respondent is not a personal representative of the deceased: You may also file an affidavit in answer to the application.]

[Add, in either case: The affidavit must be filed by sending or delivering it so as to reach the Court within 14 days after the time allowed for sending the acknowledgment of service. At the same time you must send a copy of the affidavit to the [solicitor for the] applicant.]

4. If you intend to instruct a solicitor to act for you, you should at once give him all the documents which have been served on you, so that he may take the necessary steps on your behalf.

[Subsidiary]

FORM 18

Originating Summons for Maintenance out of Estate of Deceased Former Spouse

In the District Court of

Hong Kong held at

In the Matter of an Application by

section 38 of the Matrimonial Causes Ordinance.

Between

Applicant

Respondent

Let

of

attend before the

Court on

day, the

[Rule 103(1).]

L.N. 325/82.

day of

19

at

o'clock, on the hearing of an application by

*

that provision for her maintenance be made out of the estate

of

who died on the day

19

on the ground that he has not made reasonable provision for her maintenance after his death.

of

*

Dated this

day of

This summons was taken out by

for] the above-named applicant.

To

To the respondent.

TAKE NOTICE THAT-

[Continue as in Form 17]

FORM 19

[the solicitor

Notice to be Endorsed on Document Served in accordance

with Rule 106(1)

of

[Rule 106(2).]

TAKE NOTICE that the contents or purport of this document are to be communicated to the respondent [or as the case may be], the said


if he is over 16 [add, if the person to be served is by reason of mental disorder incapable

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