4
CAP. 129]
Deceased's Family Maintenance.
[1971 Ed.
Orders for maintenance of surviving party to void marriage from estate of other party. 1970 c. 33, s. 6.
Time within which applica-
tion must be made.
1938 c. 45, s. 201).
Matters to be considered by the court.
1938 c. 45, s. 1(5), (6), (7) & (8).
(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.
5. (1) Where a person dies in Hong Kong after the 6th October 1971 and is survived by someone (hereafter referred to as "the survivor") who, whether before or after that date, had in good faith entered into a void marriage with the deceased, then subject to subsections (2) and (3) the survivor shall be treated for purposes of this Ordinance as a dependant of the deceased.
(2) An order shall not be made under this Ordinance in favour of the survivor unless the court is satisfied that it would have been reasonable for the deceased to make provision for the survivor's maintenance; and if an order is so made requiring provision for the survivor's maintenance by way of periodical payments, the order shall provide for their termination not later than the survivor's death and, if the survivor remarries, not later than the remarriage.
(3) This section shall not apply if the marriage of the deceased and the survivor was dissolved or annulled during the deceased's lifetime and the dissolution or annulment is recognized by the law of Hong Kong, or if the survivor has before the making of the order entered into a later marriage.
(4) It is hereby declared that the reference in subsection (2) to remarriage and the reference in subsection (3) to a later marriage include references to a marriage which is by law void or voidable. (Added 35 of 1971, Schedule)
6.
Except as provided by section 12, an application under this Ordinance shall not, without the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
7. (1) On an application made under this Ordinance the court shall have regard-
(a) to any past, present, or future capital of the dependant to whom the application relates and to any income of that dependant from any source;
(b) to the conduct of that dependant in relation to the deceased and otherwise;
(c) to the interests of other dependants; and
(d) to any other matter or thing which, in the circumstances of the case, the court may consider relevant or material in relation to that dependant or to persons interested in the estate of the deceased, or otherwise.
(2) The court shall also, on any such application, have regard to the deceased's reasons, so far as ascertainable, for making the dispositions made by his will, if any, or for refraining from dis-
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Page 6
4
CAP. 129]
Deceased's Family Maintenance.
[1971 Ed.
Orders for maintenance of surviving party to void marriage from estate of other party. 1970 c. 33, s. 6.
Time within which applica-
tion must be made.
1938 c. 45, s. 201).
Matters to be considered by the court.
1938 c. 45, s. 1(5), (6). (7) & (8).
(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.
5. (1) Where a person dies in Hong Kong after the 6th October 1971 and is survived by someone (hereafter referred to as "the survivor") who, whether before or after that date, had in good faith entered into a void marriage with the deceased, then subject to subsections (2) and (3) the survivor shall be treated for purposes of this Ordinance as a dependant of the deceased.
(2) An order shall not be made under this Ordinance in favour of the survivor unless the court is satisfied that it would have been reasonable for the deceased to make provision for the survivor's maintenance; and if an order is so made requiring provision for the survivor's maintenance by way of periodical payments, the order shall provide for their termination not later than the survivor's death and, if the survivor remarries, not later than the remarriage.
(3) This section shall not apply if the marriage of the deceased and the survivor was dissolved or annulled during the deceased's lifetime and the dissolution or annulment is recognized by the law of Hong Kong, or if the survivor has before the making of the order entered into a later marriage.
(4) It is hereby declared that the reference in subsection (2) to remarriage and the reference in subsection (3) to a later marriage include references to a marriage which is by law void or voidable. (Added, 35 of 1971, Schedule)
6.
Except as provided by section 12, an application under this Ordinance shall not, without the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of the deceased is first taken out.
7. (1) On an application made under this Ordinance the court shall have regard-
(a) to any past, present, or future capital of the dependant to whom the application relates and to any income of that dependant from any source;
(b) to the conduct of that dependant in relation to the deceased
and otherwise;
(c) to the interests of other dependants; and
(d) to any other matter or thing which, in the circumstances of the case, the court may consider relevant or material in relation to that dependant or to persons interested in the estate of the deceased, or otherwise.
(2) The court shall also, on any such application, have regard to the deceased's reasons, so far as ascertainable, for making the dispositions made by his will, if any, or for refraining from dis-
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