3
(Cap. 290)
1935, c. 31, s. 5503).
Valid marriage.
(Cap. 1813
(68 OF 1970.)
china, glass, books, pictures, prints, furaiture, jewellery, anti- ques, curios, articles of household or personal use or orna- ment, musical and scientific instruments and apparatus, wines, liquors and consumable stores; but does not include any chattels used exclusively or principally at the death of the intestate for business or professional purposes nor money or securities for money:
"residuary estate" means every beneficial interest in an estate as to which a person dies intestate, after payment of all such funeral and administration expenses, debts and other liabilities as are properly payable thereout, which (otherwise than in right of a power of appointment) he could, if of full age and capacity, have disposed of by his will.
(2) References in this Ordinance to a child or issue of any person shall mean—
(a) a child of a valid marriage to which that person was a
party:
(b) if that person is a female, a child of a valid marriage to which her husband and another female were parties; and
(c) a child adopted by that person-
(i) in pursuance of an adoption order made under the Adoption Ordinance; or
(ii) by an adoption to which section 17 of the Adop- tion Ordinance applies.
(3) References in this Ordinance to a child or issue living at the death of any person include a child or issue en venire sa mère at the death.
(4) References in this Ordinance to a brother or sister of a person mean a brother or sister who is a child of the same father as that person-
3. (1) For the purposes of this Ordinance, "valid marriage"
(a) a marriage celebrated or contracted in accordance with
the provisions of the Marriage Ordinance.
(b) a modern marriage validated by the Marriage Reform
Ordinance 1970;
(c) a customary marriage declared to be valid by the
Marriage Reform Ordinance 1970;
(c) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed.
4. (1) The residuary estate of an intestate shall be dis- tributed in the manner or be held on the trusts mentioned in this section.
(2) If the intestate leaves a husband or wife and leaves—- (a) no issue; and
(b) no parent, or brother or sister, or issue of a brother or
ajster,
the residuary estate shall be held in trust for the surviving husband or wife absolutely.
(3) II the intestate leaves a busband or wife and issue, whether or not persons mentioned in paragraph (b) of subsection (2) also survive, the residuary estate of the intestate shall stand charged with the payment of a net sum of twenty-five thousand dollars, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at the rate of Sve dollars per centum per annum until paid or appro- priated, and, subject to providing for that sum and the interest therean, the residuary estate shall be held—
(a) as to one half, in trust for the surviving husband or wife
absolutely; and
(b) as to the other half, on the statulory trusts for the issue
of the intestate.
(4) If the intestate leaves no issue but does leave a husband or wife and one or more of the following, that is to say, a parent,
a brother or sister, or issue of a brother or sister, the residuary estate of the intestate shall stand charged with the payment of a Det sum of one hundred thousand dollars, free of death duties and costs, to the surviving husband or wife with interest thereon from the date of the death at the rate of five dollars per centum per annum until paid or appropriated, and, subject to providing for that sum and the interest thereon, the residuary estate shall be held-
(a) as to one half, in trust for the surviving husband or wife
absolutely; and
(b) as to the other half-
(i) where the intestate leaves one parent or both parents (whether or not brothers or sisters of the intestate or their issue also survive) in trust for the parent abso- lutely or, as the case may be, for the two parents in equal shates absolutely; or
(i) where the intestate leaves no pareat, on the statutory trusts for the brothers and sisters of the Intestate.
Succession to estate on intestacy. 1905. c. 23. x. 45.
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