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Inheritance Bill: second reading
Following is the speech of the Secretary for Home Affairs, Mr Michael Suen, at the resumption of the second reading of the Inheritance (Provision for Family and Dependants) Bill in the Legislative Council today (Wednesday):
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Mr President,
The Inheritance (Provision for Family and Dependants) Bill is the last of the three Bills aimed at effecting a general reform of the law of inheritance based on recommendations of the Law Reform Commission. It is a stand alone Bill to replace the Deceased's Family Maintenance Ordinance. 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, it provides a safety net for deserving persons who have not been properly provided for either in a will or under the law of intestacy.
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The main effects of the Bill are to widen the scope of persons eligible to apply for financial provisions from a deceased's estate and to give the court greater powers in making orders for such financial provision. As regards the scope of persons eligible to apply to the court for financial provision from a deceased's estate, the main change compared with the Deceased's Family Maintenance Ordinance is the inclusion of a new class of persons who, although they are not close relatives of the deceased, were dependent either wholly or partly on him or her.
In considering the Bill, Members of the Bills Committee were concerned that the greatly increased scope of potential applicants coupled with the extended powers of the court could create undue difficulties in the settlement of estates. To meet this concern, Members proposed that certain categories of eligible, applicants should be subject to a requirement of having been wholly or substantially maintained by the deceased prior to his or her death. The proposed requirement would apply to a former spouse, parents, an adult child other than one with a physical or mental disability, a brother or sister and any other person. Dr. the Honourable Philip Wong, the Chairman of the Bills Committee will move an amendment during the Committee Stage of this Bill to give effect to this proposal, which we have accepted.
With these remarks, Mr President, I recommend the Inheritance (Provision for Family and Dependants) Bill to Members.
End/Wednesday, July 12, 1995