(CHL 250)
(Cap. 97)
Valid marriage.
KOVE 1813
(69 at 1970,3
2
(b) a daughter of the deceased by a valid marriage who has
not been married:
(c) an infant son of the deceased by a valid marriage:
(d)
a son of the deceased by a valid marriage who is, by reason of some mental or physical disability, incapable of maintaining himself; and
(e) a parent of the deceased substantially maintained by him
immediately before his death;
"son" and "daughter", respectively, in relation to a deceased per-
son, mean--
(a) a male or female child of a valid marriage to which
the deceased was a party:
(6) a male or female child adopted by the deceased-
(i) in pursuance of an adoption order made under the Adoption Ordinance; or
(ii) by an adoption to which section 17 of the Adoption Ordinance applies;
(c) a male or female child of the deceased by a valid marriage en ventre sa mère at the time of the death of the deceased;
"will" includes codicil and any other testamentary document.
(2) In this Ordinance "net estate" means all the property of which a deceased person had power to dispose of by his will (otherwise than by virtue of a special power of appointment) less the amount of bis funeral, testamentary and administration expenses, debts and liabilities and death duties payable out of his estate on his death, but does not include land to which Part II of the New Territories Ordinance applies and which has not been exempled by the Governor under subsection (2) or (3) of section 7 of that Ordinance from the provisions of that Ordinance.
3.
means
For the purpose 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;
(d) a marriage celebrated or contracted outside Hong Kong in accordance with the law in fores at the time and in the place where the marriage was performed.
3
4. (1) Where, after the commencement of this Ordinance. a person dies leaving a dependant and the court on application made by or on behalf of that dependant is of opinion that the disposition of the deceased's estate effected by his will, or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable provision for the maintenance of that dependant, the court may order that such reasonable provision as the court thinks fit shall, subject to such conditions or restrictions, if any, as the court may impose, be made out of the deceased's net estate for the maintenance of that dependant:
Provided that no application shall be made to the court by or on behalf of any person in any case where the disposition of the deceased' estate effected as aforesaid is such that the surviving spouse is entitled to not less than two-thirds of the income of the net estate and where the only other dependant or dependants, if any, is or are a child or children of the surviving spouse.
(2) The provision for maintenance to be made by an order shall, subject to the provisions of subsection (4), be made by way of periodical payments and the order shall provide for their termination not later than-
(a) in the case of a wife or husband, her or his remarriage;
(b) in the case of a daughter who has not been married, her
marriage:
(c) in the case of an infant son, his attaining the age of
twenty-one years;
(d) in the case of a son under disability, the cesser of his
disability:
(e) in the case of a parent, her or his subsequent marriage, or, in any case, his or her earlier death.
(3) Periodical payments made under subsection (2) to any one dependant shall not be at an annual rate which exceeds the annual income of the net estate, and, where payments are so made to more than one dependant in respect of the same period, the aggregate of the annual rates at which those payments are made shall not exceed the annual income of the net estate.
(4) The court may, if it sees fit, make an order providing for maintenance to be made wholly or in part by way of a lump sum payment
Power for
court la arder payment out of net estale of deceased for bencfit of dependant.
1938, 6, 45, 4. KOLO,
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