WEDNESDAY, JULY 6, 1994
10
THREE BILLS TO OVERHAUL INHERITANCE LAW
THREE BILLS WHICH REPRESENT THE FIRST COMPREHENSIVE OVERHAUL OF HONG KONG'S LAW OF INHERITANCE IN OVER 20 YEARS WERE INTRODUCED INTO THE LEGISLATIVE COUNCIL BY THE ACTING SECRETARY FOR HOME AFFAIRS, MISS CHRISTINE CHOW, TODAY (WEDNESDAY).
THEY WERE THE WILLS (AMENDMENT) BILL 1994, THE INTESTATES' ESTATES (AMENDMENT) BILL 1994 AND THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) BILL.
MOVING THEIR SECOND READINGS, MISS CHOW SAID THE PURPOSE WAS TO BRING THE LAW IN THIS AREA UP TO DATE AND TO REMOVE LEGAL ANOMALIES THAT HAVE EMERGED OVER THE YEARS.
THE THREE BILLS, SHE ADDED, WERE BASED ON RECOMMENDATIONS OF THE LAW REFORM COMMISSION IN ITS REPORT ON THE LAW OF WILLS, INTESTATE SUCCESSION AND PROVISION FOR DECEASED PERSONS' DEPENDANTS,
FAMILIES AND
EXAMINATION OF
AND THESE RECOMMENDATIONS FOLLOWED A THOROUGH THE PRINCIPAL ORDINANCES CONCERNED AND WIDE-RANGING CONSULTATION
INTERESTED PARTIES.
THE
WITH
то
"THE MAIN AIM OF THE WILLS (AMENDMENT) BILL 1994 IS TO RELAX FORMALITIES FOR MAKING WILLS AND TO GIVE THE COURT NEW POWERS VALIDATE, INTERPRET AND RECTIFY WILLS.
"IT
ALSO PROVIDES FOR THE RELEVANT PART OF THE INTERNATIONAL CONVENTION ON WILLS TO BE INCORPORATED INTO THE WILLS ORDINANCE TO ENABLE WILLS MADE IN ACCORDANCE WITH THE CONVENTION TO BE EXECUTED AND HAVE VALIDITY IN HONG KONG," MISS CHOW SAID.
•
AS TO THE INTESTATES' ESTATES (AMENDMENT} BILL 1994 SHE EXPLAINED THAT THE INTESTATES' ESTATES ORDINANCE PROVIDED FOR THE DISTRIBUTION OF THE ESTATE OF AN INTESTATE.
"THAT IS, SOMEONE WHO DIES WITHOUT A WILL OR WHOSE WILL DEALS WITH ONLY PART OF HIS OR HER ESTATE.
"THE ASSUMPTION BEHIND THE ORDINANCE IS THAT PEOPLE WHO DIE INTESTATE WOULD WISH THEIR ESTATE TO BE INHERITED BY THEIR CLOSE RELATIVES, WITH PREFERENCE GIVEN то THEIR SURVIVING SPOUSE AND CHILDREN, IF ANY, SHE ADDED,
T+
IN
THIS CONNECTION, SHE SAID, THE MAIN EFFECT OF THE BILL TO IMPROVE THE INHERITANCE POSITION OF A SURVIVING SPOUSE.
AS
REGARDS
WAS
FAMILY AND
THE INHERITANCE (PROVISION FOR DEPENDANTS) BILL, MISS CHOW SAID IT WAS "A STAND ALONE BILL" TO REPLACE THE DECEASED'S FAMILY MAINTENANCE ORDINANCE.
"LIKE THE ORDINANCE IT SEEKS TO REPLACE, THE BILL PROVIDES FOR THE COURT TO ORDER REASONABLE FINANCIAL PROVISION FROM THE ESTATE OF A DECEASED FOR CERTAIN CLASSES OF PERSON ON APPLICATION.
"IN EFFECT,