1964_MATRIMONIAL_CAUSES_RULES — Page 48

A 48

[Subsidiary]

Application for maintenance from deceased's estate.

L.N. 325/82.

CAP. 179]

Matrimonial Causes Rules

[1987 Ed.

(9) Subject to the provisions of this rule, these rules shall, so far as applicable, apply with the necessary modifications to an application under section 16 of the Matrimonial Proceedings and Property Ordinance as if the application were a cause, the originating summons a petition and the applicant the petitioner.

103. (1) An application under section 38 of the Ordinance by the former spouse of a deceased person for an order that reasonable provision for his or her maintenance be made out of the net estate of the deceased shall be made by originating summons in Form 18.

(2) There shall be filed in support of the summons an affidavit by the applicant exhibiting an official copy of the grant of representation to the deceased's estate and of every testamentary document admitted to proof and stating-

(a) the residence of the applicant;

(b) the place and date of the marriage between the applicant and the deceased and the name and status of the wife before the marriage;

(c) the name of any child of the family and-

(i) the date of birth of each such child who is still living (or, if such be the case, that he has attained 21), and the place where and the person with whom any such infant child is residing,

(ii) the date of death of any such child who has died since the marriage was dissolved or annulled;

(d) particulars of all previous proceedings with reference to the marriage or the children of the family, and the date and effect of any order or decree made in those proceedings;

(e) whether any application was made or deemed to be made by the applicant during the lifetime of the deceased-

(i) where the applicant is a former wife of the deceased, for such an order as is mentioned in section 28(1) of the Ordinance, or that subsection as applied by section 31;

(ii) where the applicant is a former husband of the deceased, for such an order as could be made either under the said section 28(1) as applied by subsection (3) of that section or under section 29(2) of the Ordinance,

and, if so, the date and effect of the order (if any) made on any such application, or (if no such application was made by the applicant or such an application was made by the applicant and no order was made on the application) the reasons why no such application or order was made, in so far as they are within the applicant's knowledge or belief;

(f) the date of the deceased's death and whether he died domiciled in Hong Kong;

(g) the applicant's means;

(h) the nature of the provision which the applicant desires to be made for his or her maintenance out of the deceased's estate;