1964_INTESTATES__ESTATES_ORDINANCE — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 73]

Intestates' Estates

[1986 Ed.

(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 net sum of $200,000, 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-

(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 absolutely or, as the case may be, for the two parents in equal shares absolutely; or

(ii) where the intestate leaves no parent, on the statutory trusts for the brothers and sisters of the intestate.

(5) If the intestate leaves issue but no husband or wife the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate.

(6) If the intestate leaves no husband or wife and no issue but both parents, then the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely.

(7) If the intestate leaves no husband or wife and no issue but one parent, then the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely.

(8) If the intestate leaves no husband or wife and no issue and no parent, then the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely---

firstly, on the statutory trusts for the brothers and sisters of the intestate; but if no person takes an absolutely vested interest under such trusts; then

secondly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then

thirdly, on the statutory trusts for the uncles and aunts of the intestate, who are brothers or sisters of a parent of the intestate.

(9) In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown as bona vacantia and the Crown may (without prejudice to any other powers), out of the whole or any part of the property devolving on it, provide for dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision.

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2026-05-04 21:11:51 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

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4 CAP. 73] Intestates' Estates [1986 Ed. (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 net sum of $200,000, 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- (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 absolutely or, as the case may be, for the two parents in equal shares absolutely; or (ii) where the intestate leaves no parent, on the statutory trusts for the brothers and sisters of the intestate. (5) If the intestate leaves issue but no husband or wife the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate. (6) If the intestate leaves no husband or wife and no issue but both parents, then the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely. (7) If the intestate leaves no husband or wife and no issue but one parent, then the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely. (8) If the intestate leaves no husband or wife and no issue and no parent, then the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely--- firstly, on the statutory trusts for the brothers and sisters of the intestate; but if no person takes an absolutely vested interest under such trusts; then secondly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then thirdly, on the statutory trusts for the uncles and aunts of the intestate, who are brothers or sisters of a parent of the intestate. (9) In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown as bona vacantia and the Crown may (without prejudice to any other powers), out of the whole or any part of the property devolving on it, provide for dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision. Page 5 Page 6

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4 CAP. 73] Intestates' Estates [1986 Ed. (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 net sum of $200,000, 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- (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 absolutely or, as the case may be, for the two parents in equal shares absolutely; or (ii) where the intestate leaves no parent, on the statu- tory trusts for the brothers and sisters of the intestate. (5) If the intestate leaves issue but no husband or wife the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate. (6) If the intestate leaves no husband or wife and no issue but both parents, then the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely. (7) If the intestate leaves no husband or wife and no issue but one parent, then the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely. (8) If the intestate leaves no husband or wife and no issue and no parent, then the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner, namely--- firstly, on the statutory trusts for the brothers and sisters of the intestate; but if no person takes an absolutely vested interest under such trusts; then secondly, for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then thirdly, on the statutory trusts for the uncles and aunts of the intestate, who are brothers or sisters of a parent of the intestate. (9) In default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown as bona vacantia and the Crown may (without prejudice to any other powers), out of the whole or any part of the property devolving on it, provide for dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision. Page 5Page 6

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