1964_INTESTATES__ESTATES_ORDINANCE — Page 4

1986 Ed.]

Intestates' Estates

[CAP. 73

3

(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 Adoption 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 ventre 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.

means--

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;

(c) a customary marriage declared to be valid by the Marriage

Reform Ordinance;

(d) 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 distributed 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

sister.

the residuary estate shall be held in trust for the surviving husband or wife absolutely.

(3) If the intestate leaves a husband or wife and issue, whether or not persons mentioned in subsection (2)(b) also survive, the residuary estate of the intestate shall stand charged with the payment of a net sum of $50,000, 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 $5 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 (Amended, L.N. 220/83)

(a) as to one half, in trust for the surviving husband or wife

absolutely; and

(b) as to the other half, on the statutory trusts for the issue of

the intestate.

(Cap. 290.)

1925 c. 23, s. 55(2).

Valid marriage.

(Cap. 181.)

(Cap. 178.)

Succession to estate on

intestacy.

1925 c. 23, s. 46.