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longer the case, since it would be absurd to argue that a Chinese could make a valid will in the urban areas, but not in the New Territories.2
(b) The custom is that land is inherited by all the sons of the deceased, whether born by a kit fat (妻) or tin fong (正室) wife or by a concubine. They all inherit as tenants in common. In some cases, the father of the eldest grandson receives a double or larger share. Since daughters marry and join their husbands' family, they do not qualify for inheritance. In some cases the widow or concubine will also inherit, but this is by arrangement among the parties and it is usual for the widow or concubine only to have control over the land in the capacity of manager of a Tso (祖). This ensures that the land cannot be disposed of without the consent of the members of the Tso (宗族). Because the arrangement was intended to take care of the widow and so avoid disgrace falling on her deceased husband's brothers by her being forced into re-marriage to survive, the Tso with the widow as manager was usually dissolved on her death and the land re-distributed among the nearest male relatives. This assumes the widow had no sons. If she did have sons, then she would occupy the land during her lifetime and their minority as trustee on behalf of her sons.
(c) When the sons have married and started families, it is permitted to divide the property amongst them by way of division. Often one share is retained in the name of a Tso (祖), so as to provide income for ancestral worship.
(d) Where there are no sons, the property is inherited by the nearest male relative of the deceased. This is often a nephew, brother, uncle or cousin, and excludes all daughters. For the purpose of inheritance, a son is often adopted, from the nearest male relative with a son to spare. Failing that, from a distant relative; only in default of all else is a total outsider adopted.
(e) Where there are no children and no close relatives, a widow on occasion may manage her late husband's property provided there are no family or clan objections, but more often the family will regard the adoption of a son as essential for purposes of inheritance.