20
CAP. 179]
Matrimonial Causes
[1983 Ed.
Orders for
maintenance
from deceased's estate.
1965 c. 72, s. 26.
shall, if she dies intestate, devolve as if her husband had then been dead.
33-36. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
37. [Subsections (1), (2) and (3) repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. Subsections (4) and (5), reproduced below, as applied by section 40(2) are still in force. The section is reproduced in the Appendix to that Ordinance.]
(4) In considering for the purposes of subsection (1) the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account, and a grant limited to real estate or to personal estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
(5) For the purposes of any law which relates to the discretion of the court as to the persons to whom administration is to be granted, a person by whom an application is proposed to be made by virtue of this section shall be deemed to be a person interested in the deceased's estate.
38. (1) Where a person dies domiciled in Hong Kong and is survived by a former spouse of his or hers (hereafter in this section referred to as "the survivor") who has not remarried, the survivor may-
(a) before the end of the period of 6 months beginning with the date on which representation in regard to the estate of the deceased is first taken out; or
(b) with the permission of the court, after the end of that period but before the administration and distribution of the estate is completed,
apply to the court for an order under this section on the ground that the deceased has not made reasonable provision for the survivor's maintenance after the deceased's death.
(2) If on an application under this section the court is satisfied-
(a) that it would have been reasonable for the deceased to make provision for the survivor's maintenance; and
(b) that the deceased has made no provision, or has not made reasonable provision, for the survivor's maintenance,
the court may order that such reasonable provision for the survivor's maintenance as the court thinks fit shall be made out of the net estate of the deceased, subject to such conditions or restrictions (if any) as the court may impose.
20
CAP. 179]
Matrimonial Causes
[1983 Ed.
Orders for
maintenance
from deceased's estate.
1965 c. 72, s. 26.
shall, if she dies intestate, devolve as if her husband had then been dead.
33-36. [Repealed, subject to the First Schedule to the Matri- monial Proceedings and Property Ordinance. Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
37. [Subsections (1), (2) and (3) repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance. Chapter 192. Subsections (4) and (5), reproduced below, as applied by section 40(2) are still in force. The section is reproduced in the Appendix to that Ordinance.]
(4) In considering for the purposes of subsection (1) the question when representation was first taken out, a grant limited to settled land or to trust property shall be left out of account, and a grant limited to real estate or to personal estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
(5) For the purposes of any law which relates to the discretion of the court as to the persons to whom administration is to be granted, a person by whom an application is proposed to be made by virtue of this section shall be deemed to be a person interested in the deceased's estate.
38. (1) Where a person dies domiciled in Hong Kong and is survived by a former spouse of his or hers (hereafter in this section referred to as "the survivor") who has not remarried, the survivor may-
(a) before the end of the period of 6 months beginning with the date on which representation in regard to the estate of the deceased is first taken out; or
(b) with the permission of the court. after the end of that period but before the administration and distribution of the estate is completed.
apply to the court for an order under this section on the ground that the deceased has not made reasonable provision for the survivor's maintenance after the deceased's death.
(2) If on an application under this section the court is satisfied-
(a) that it would have been reasonable for the deceased to
make provision for the survivor's maintenance; and
(b) that the deceased has made no provision, or has not made reasonable provision, for the survivor's maintenance.
the court may order that such reasonable provision for the survivor's maintenance as the court thinks fit shall be made out of the net estate of the deceased, subject to such conditions or restrictions (if any) as the court may impose.
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