1986 Ed.]
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(2) References in subsection (1) to beneficial interests acquired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment, but not of a special power of appointment.
(3) For the purposes of subsection (1) the personal representatives shall employ a duly qualified valuer in any case where such employment may be necessary.
Personal representative trustee of residuary estate.
9. Subject to his rights and powers for the purposes of administration the personal representative of any person dying intestate shall be a trustee for the persons beneficially entitled under this Ordinance in respect of the residuary estate of the deceased unless it appears from the will, if any, of the deceased that he is to take the residuary estate beneficially.
Construction of documents.
10. (1) References to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, after the commencement of this Ordinance shall, unless the context otherwise requires, be construed as references to this Ordinance; and references in such an instrument or will to statutory next-of-kin shall, unless the context otherwise requires, be construed as referring to the persons who take beneficially on an intestacy under this Ordinance.
(2) Trusts declared by reference to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Ordinance shall, unless the contrary thereby appears, be construed as referring to the law relating to the distribution of effects of intestates which was in force immediately before the commencement of this Ordinance.
11. (1) Nothing in this Ordinance shall be taken to affect the application of the provisions of Part II of the New Territories Ordinance to land to which Part II of that Ordinance applies and which has not been exempted by the Governor under section 7(2) or (3) of that Ordinance from the provisions of Part II of that Ordinance and the said provisions shall continue to apply to such land to the same extent and with the same effect as if this Ordinance had not been enacted.
(2) Land to which this section applies shall continue to devolve upon intestacy in like manner as it would have devolved if this Ordinance had not been passed.
(3) In this section "land" has the meaning attaching to it under section 2 of the New Territories Ordinance.
12. This Ordinance shall have effect as regards any person dying intestate after the commencement of this Ordinance.
1830 c. 40, s. 1.
1925 c. 23. s. 50.
Land to which Part II of the New Territories Ordinance applies. (Cap. 97.)
Application of Ordinance.
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1986 Ed.]
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(2) References in subsection (1) to beneficial interests acquired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment, but not of a special power of appointment.
(3) For the purposes of subsection (1) the personal represent- atives shall employ a duly qualified valuer in any case where such employment may be necessary.
Personal
trustee of residuary estate.
9. Subject to his rights and powers for the purposes of administration the personal representative of any person dying representative intestate shall be a trustee for the persons beneficially entitled under this Ordinance in respect of the residuary estate of the deceased unless it appears from the will, if any, of the deceased that he is to take the residuary estate beneficially.
Statutes
10. (1) References to any Statues of Distribution in an instru- ment inter vivos made, or in a will coming into operation, after the commencement of this Ordinance shall, unless the context other- wise requires, be construed as references to this Ordinance; and references in such an instrument or will to statutory next-of-kin shall, unless the context otherwise requires, be construed as referring to the persons who take beneficially on an intestacy under this Ordinance.
(2) Trusts declared by reference to any Statutes of Distribu- tion in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Ordinance shall, unless the contrary thereby appears, be construed as referring to the law relating to the distribution of effects of intestates which was in force immediately before the commencement of this Ordinance.
11. (1) Nothing in this Ordinance shall be taken to affect the application of the provisions of Part II of the New Territories Ordinance to land to which Part II of that Ordinance applies and which has not been exempted by the Governor under section 7(2) or (3) of that Ordinance from the provisions of Part II of that Ordinance and the said provisions shall continue to apply to such. land to the same extent and with the same effect as if this Ordinance had not been enacted.
(2) Land to which this section applies shall continue to devolve upon intestacy in like manner as it would have devolved if this Ordinance had not been passed.
(3) In this section "land" has the meaning attaching to it under section 2 of the New Territories Ordinance.
12. This Ordinance shall have effect as regards any person dying intestate after the commencement of this Ordinance.
1830 c. 40, s. 1.
Construction of documents.
1925 c. 23. s. 50.
Land to which Part II of the New Territories Ordinance applies. (Cap. 97.)
Application of Ordinance.
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