double probate hong kong

(b) not less than two persons for an estate involving minor beneficiary and/or someone who is entitled to enjoy an interest for life (commonly known as minority and/or life interest respectively), and, (b) $72 fee for engrossment of a Grant, and. (a) 5% ............................... first $1,000, (b) 2.5%............................. next $4,000, (c) 1% ................................ balance, (c) whether the Deceased made a Will, and. You must attend personally the Probate Registry to apply for a Grant because rule 4(9) of the Non-Contentious Probate Rules (Cap.10A) does not allow application by post. You need to: (i) take the public document to the proper authority (or foreign ministry office, as the case may be) in that country or territory for a certification that the signature and/or seal of the issuing authority on the public document are/is true, and. Part XVII Performance Enquiries Tel/whatsapp : 6419-9999 . You may wish to engage a solicitor to help in applying for the Grant if: The staff of the Probate Registry will try their best endeavors to assist you on procedural matters in relation to an application for Grant. If the deceased died domiciled in any of the following countries, and a grant has been obtained in that country, an application can be made for that grant to be resealed, so that it can be used to administer the estate in … (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. By way of practice, the Probate Registry usually accepts that the Deceased died domiciled in Hong Kong if he (a) died in Hong Kong and (b) had a Hong Kong Permanent Identity Card. (i) explaining how the Grant was lost and/or misplaced; (ii) providing reason(s) that a Duplicate Grant is necessary; and. (b) If the application has been completed and the Grant has been issued, inspection will not be allowed unless: However, save and except the provision of a copy of the Grant (which by nature is a public document), no inspection will be allowed if parties have been litigating with each other and discovery should be done within the legal proceedings between the parties. However, for death of a Deceased on or after 11 February 2006, the burden lies on you, as the applicant of the Grant, to check and obtain the details of the estate from the relevant authorities and fill in the Specified Form N4.1. This is the reason why, with the increasing number of probate cases involving French nationals residing in Hong Kong, we have made a brief introduction to the French inheritance process. Part VIII What (b) For deaths on or after 11 February 2006, you shall attend the Probate Registry directly and file such application by way of an affidavit: Furthermore, you have to apply for and file a certified copy of the Schedule of Assets and Liabilities (including the Additional Schedule) and the Will (if any); and pay $217 ($145 for court fee and $72 for engrossment fee). Administrator, Part V Death before If he rented a bank safe deposit box on his own or jointly with others, you should follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to apply for inspection of the box, taking inventory and removal of the Will of the Deceased, if any. A Caveat remains in force for 6 months from the date of its entering, and can be further entered. Explanatory Notes: The alphabets in the form numbers have the following meaning: C: Forms relating to Caveat and Citation: F: However, in the event that it has been somehow lost or misplaced, and the Grant is needed for administration of the estate or otherwise, you may apply for a Duplicate Grant in person or through a firm of solicitors in Hong Kong. The Caveator may file a “Withdrawal of Caveat" (Specified Form C1.2) if parties have come to an agreement and the Probate Registry will then revive processing your application for Grant upon your request / notification, and/or. Hong Kong and Singapore, Tax. We also provide drafting and witnessing service on legal wills. (a) the application does not seem simple and straightforward, (b) the nature of the estate is complicated, and/or. We always welcome suggestions and appraisals. Hong Kong company (the “Company”) with a business partner (the “Defendant”), and the Defendant is acting as the director of the Company. Grant is a court order and you shall keep it in good and safe custody. (The on-line appointment can only be offered where, Part II The Probate When dealing with a cross-border probate case, it is important to understand what the foreign law involved provides. Any balance of the estate leaving unclaimed for 5 years thereafter will be transferred to the general revenue of the Government. Hence, in theory, you can file an application for Grant at any time after the death of the Deceased. There is no law limiting the time to apply for a Grant after the death of the Deceased. May 2, 2019 . If there are two antagonistic applications, the conflict may be solved by one of the applicant taking out a Summons to have the dispute heard before a Master. Caveat proceedings start at the time when a Caveat was entered with the Probate Registry against an estate of a Deceased. (ii) Please visit the Judiciary website at. A list of solicitors’ firms published by the Law Society of Hong Kong is available for perusal at the Probate Registry. Union flags fly before the Houses of Parliament in London. You should follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to seek assistance. If you are not free or have some other engagements, you may authorize someone in writing to help submitting and filing the information, documents or evidence. No further adjustment will be made upon room … On the other hand, after a period of 6 months from the date of the issuance of the Grant, you may apply, on good grounds, for the return of the original marriage certificates, birth certificates and death certificates (other than that of the Deceased) from the Registrar who will make a decision on your application according to the circumstances. Therefore, you shall do the authentication first, followed by translation of the authenticated foreign public document, if necessary. The Registrar is not allowed to issue the Grant if there is an effective Caveat against the estate of the Deceased. You then become the “Person Warning”. The person is also referred to as administrator. Practice areas include: Banking & Finance, China Practice, Company Formation, Corporate Finance & Capital Markets, Criminal & Commercial Crime, Employment, Regulatory, Investigations and Proceedings, Licensing and Compliance, Insolvency & Restructuring, Insurance, Intellectual Property, Litigation & Dispute … About I have practised law in England, Hong Kong and in California USA for over 40 years, and have for the last 9 years been engaged in the transfer and sale of foreign assets for deceased's estate, including the resealing of English Grants in foreign jurisdictions; and also if necessary, obtaining the issuing of a new Grant of Probate in the foreign country concerned. The deceased is still regis-tered as a shareholder of he t Company. Please note that there is no more scale fee for processing an application for Grant. (b) the child or children of the Deceased. Probate in Hong Kong- What if Two Applications for the Probate of the same estate? It must be borne in mind that Caveat proceedings is by its nature “contentious” and can well be the beginning of “litigation”. The Official Administrator will usually get in and administer summarily an estate, not exceeding $150,000, made up of cash in hand, money at banks (account in the sole name of the Deceased) and/or Mandatory Provident Fund. In case that it is not possible to do so, an interim reply will be given within 10 days and, a full response within 30 days upon receipt of your letter. The Probate Registry follows that practice. (iii) undertaking to the Court to return the Duplicate Grant to the Probate Registry if the “original” Grant is found later. Brief introduction on probate administration in Hong Kong, grant of representation, estate duty and estate administration, duties of executor. You should note that a Grant shall be issued to: You should complete the appropriate Specified Form(s). If the two applicants are of the same ranking of priority, unless there are good reason, the probate will usually be granted to the first applicant in time, or to an independant professional as recommended by the party or parites or appointed by the court. It is a court order authorizing one or more persons to administer the Deceased’s estate in accordance with the directions in the Will when no executor is appointed or no executor is able or willing to act for whatever reasons. You may also call us at your earliest convenience to reschedule the appointment if necessary. (a) collecting and getting in all the assets of the estate; (b) paying off all the debts and liabilities of the estate; (c) distributing the net of the estate to all the beneficiaries of the estate according to the law (section 4 of the Intestates’ Estates Ordinance (Cap.73) and/or instructions in the Will); and. Court Services & Facilities > Forms > Probate Registry. Generally, a Hong Kong grant is required to administer property owned by the deceased situated in Hong Kong. Therefore, any document which is not in either Chinese or English has to be translated. In theory, the entering of a Caveat can be contentious. (i) the hotline 2840 1683 during office hours; or, (ii) personal attendance at the Probate Registry (Address: LG3, High Court, 38 Queensway, Hong Kong); or, (1) the deceased died in Hong Kong without leaving a Will; and, (2) the deceased was a permanent Hong Kong Resident; and, (3) the applicant is the surviving spouse / child / father or mother of the deceased, as the case may be; and, (4) the application seems simple and straightforward and the nature of the estate is not complicated; and, (5) the applicant is mentally and physically capable of handling the procedural matters in relation to an application for Grant; and, (6) all supporting documents must be issued by Hong Kong authorities.). It includes Probate, Letters of Administration or Letters of Administration (with Will annexed). Each page of a copy costs $4. However, reasons should be included in the relevant Specified Form to explain to the Court the delay in making the application. Well and truly administer and faithfully dispose of, all such property and estate, rights and credits as the deceased at the time of his or her death was entitled to within Hong Kong… Upon obtaining the certified copy, you shall attend the Probate Registry and file such application by way of an affidavit: Furthermore, you have to apply for and file a certified copy of the Will (if any); and pay $217 ($145 for court fee and $72 for engrossment fee). * Within this webpage, “foreign” means countries and places other than Hong Kong. (vi) all supporting documents must be issued by Hong Kong authorities. You may however apply for photocopies of them upon payment of the prescribed fees. should I note in relation to an application for Grant? In the case of intestacy, Hong Kong law will apply to immovable property situated in Hong Kong, and the court will look to the law of the domicile of the deceased in respect of moveable property. This offer is available for stays from 12 November 2020 to 7 January 2021 at Island Shangri-La, Hong Kong. For deaths before 1 March 2009, common law applied to determine the domicile of the Deceased at the time of his death. A person cannot be without a domicile and cannot have two domiciles at the same time. Our probate and inheritance legal team (consists of both Hong Kong solicitors and PRC lawyers) will answer your questions regarding inheritance matters in Hong Kong and the Mainland China. (b) arrange to have that notarial certificate passed to The Grant is an important legal document which usually authorizes the grantee to deal with the estate without limitation. If your request is agreed, the Registrar will usually ask you to acknowledge receipt of the original document, undertake to return it upon request and provide him with a photocopy for the court record. The Probate Registry only process non-contentious applications for Grant. In order to avoid the taxation of income both in the country where it is produced and in the country where the individual or company usually resides, Hong Kong and Japan have agreed to sign a double tax treaty that clarifies the taxation method on income. Hence, the primary obligation to choose and complete the correct Specified Forms rests on you. Why UK stance on Hong Kong democracy is a case of double standards. The established practice requires two steps to be taken. You shall apply to amend the Grant in person or through a firm of solicitors in Hong Kong. Court fees are payable in accordance with the Second Schedule of the High Court Fees Rules (Cap.4D). (i) Please take notice of the announcements of the Judiciary through radio, television or other media. The length of time required varies from one case to another. It is a matter of your own choice. It bears the case prefix of “HCCA”. Usually, it is the executor who should submit the application. Hong Kong has concluded 40 Double Taxation Agreements and these are categorized as follows: Comprehensive DTAs: A bilateral agreement that provides relief from double tax to all types of income. It is a court order authorizing one or more persons to administer the Deceased’s estate according to the directions in the Will. Index to Forms Specified by the Registrar Pursuant to Rule 2A of the Non-Contentious Probate Rules, Cap 10A. Sumarti Ningsih was found dead, and Seneng Mujiasih near death, on November 1, 2014, in a luxurious one-bedroom apartment in Wan Chai, Hong Kong.Mujiasih, who was pronounced dead shortly after being found, also used the name Jesse Lorena Ruri.The apartment was rented by Rurik George Caton Jutting, who was convicted of their murders on 8 November 2016. In most treaties concluded by Hong Kong, double taxation is eliminated by allowance of a tax credit. However, if the application is not simple and straightforward and/or the nature of the estate is complicated, the length of time required may be longer. Why UK stance on Hong Kong democracy is a case of double standards. (b) For country or territory who has not participated in the Hague Convention abolishing the requirement of legalization for foreign public documents, two steps are necessary. Having said that, very briefly, domicile means the country or place where the Deceased stayed lawfully and intended it to be his permanent home at the time of his death. An application to the Probate Registry of the High Court of Hong Kong for a Grant of Probate must be made by the executor appointed under the Will, when a deceased died leaving a Will, in order to administer and distribute the estate pursuant to the wishes of the deceased under the Will. In China mainland, Hong Kong, and Macao, iPhone 12, iPhone 12 Pro, iPhone 12 Pro Max, iPhone 11, iPhone 11 Pro, iPhone 11 Pro Max, iPhone XS Max, and iPhone XR feature Dual SIM with two nano-SIM cards. Administration should start immediately after the issuance of the Grant and is to be completed as soon as practicable. If the estate is sworn under the net value of. The Wills & Probate team of Leung Kin & Co. is experienced in assisting both local and overseas clients to make applications for grant of probate and letters of administration in respect of the estate of the deceased who died leaving assets in Hong Kong. (ii) the Registrar is satisfied that good reason(s) has been shown, for example, the requesting party is one of the beneficiaries of the estate and is making enquiries of the estate. Evidence of death or renunciation has to be filed with the Probate Registry. The Government introduced the DSD in 2013 as one of the measures to rein in soaring property prices by doubling the ad valorem stamp duty … The Probate and Administration Ordinance (Cap.10) delegates the power to issue Grant to the High Court. However, a person having a lower priority may still be entitled to the Grant if the persons with higher priority have either died or renounced their rights to the Grant. (b) However, if you wish to be assisted by the Public Application Section in your application for Grant, you may make an appointment with our processing officer through: (https://www.judiciary.hk/en/court_services_facilities/probate_booking.html). Hence, any estate outside Hong Kong, including those in the Mainland and Macau, has to be dealt with and administered according to the relevant law and regulations where the … The Registrar of the High Court is ex officio Official Administrator. Note: 1: Please click here for the Agreement between the Hong Kong Special Administrative Region and Georgia for the Elimination of Double Taxation with respect to Taxes on Income and on Capital and the Prevention of Tax Evasion and Avoidance. For any issue regarding probate and inheritance in Hong Kong, you are welcome to consult an inheritance lawyer of our firm. Copies are available at the Probate Registry or you can download the document from its website. Rule 19 of the Non-Contentious Probate Rules (Cap.10A) governs the order of priority for different persons to make the application. It also assists him to carry out other functions under the law including performing the functions of the Official Administrator. If there are two antagonistic applications, the conflict may be solved by one of the applicant taking out a Summons to have the dispute heard before a Master. Inheritance, Will & Probate in HK | 13. The Probate Registry always tries to give immediate reply to any inquiry from the members of the public. This will depend on the gross value of the property. (a) For the purpose of making general enquiry, you need not make any prior appointment. Subject to changes from time to time, currently, they include Australia, Belgium, France, Germany, Greece, Hong Kong, Hungary, Italy, Japan, Macau, Mexico, Netherlands, Norway, Portugal, Republic of Korea, South Africa, Spain, Sweden, Switzerland, India, the United Kingdom of Great Britain and Northern Ireland as well as the United States of America. 11 February 2006, Part VI Death For deaths on or after 1 March 2009, it is governed by the Domicile Ordinance (Cap.596). For more information, please contact Alfred Ip or Jacqueline Cheng . Dec, 2017 by Hong Kong Inheritance and Probate Lawyers | 0 Comments. Make an appointment with the Probate Registry; When you apply for the Grant, you swear to the Probate Registry to: 1. It is however just the beginning of the whole process. However, it is not the role of the Probate Registry to help the grantee(s) to administer the estate and any staff thereof will not provide any such services. Part IX How can You should consider seeking independent legal advice in case of doubt. However, in certain circumstances where one’s affairs and wishes are more complex further time is warranted and the costs can vary, but we would give an estimate before proceeding. It is the process of proving that a foreign* public document is genuine. Estate outside Hong Kong shall therefore not be included in Specified Form N4.1. To administer the estate of the Deceased, you shall obtain the Grant first. Please also do not hesitate to contact the Probate Registry if you have any query. The court certified copy fee amounts to $125 for each document together with $4 per page thereof. However, two recent decisions illustrate that tax liability may arise in the form of stamp duty, in certain circumstances, from the assent of … Inheritance tax has been abolished in Hong Kong since 2005. To assist him in discharging his duties, the Probate Registry has been established as part and parcel of the Judiciary. Caveat may be understood as a notice entered at the Probate Registry against the issuance of a Grant to the estate of the Deceased without informing the Caveator, the person who entered the Caveat. You need to take the public document to the proper authority in that country or territory and obtain a Certificate of Apostille certifying the signatures and/or seal of the issuing authority. For death of a Deceased before 11 February 2006, the Estate Duty Office of the Inland Revenue Department may help you to verify the estate. (v) the place in which his papers and personal belongings were kept, his social habits, etc. The Official Administrator charges a commission based on the gross value of an estate at the rate of: It is a difficult question to answer because it depends on a number of factors. Rule 21 of the Non-Contentious Probate Rules (Cap.10A) regulates it. Further, the personal applicant may not be attended by any person acting or appearing to act as his adviser. (b) rule 44 of the Non-Contentious Probate Rules (Cap.10A) regulates the conduct of parties. However, you should note rule 4(8) of the Non-Contentious Probate Rules (Cap.10A) states clearly that no legal advice shall be given to a personal applicant by any person in the Probate Registry. (c) Scale fee for processing an application for Grant: (a) $265 fee for filing an application, and. The probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. Why UK stance on Hong Kong democracy is a case of double standards. Since the Registrar is entrusted with the obligation to check carefully the entitlement of the applicant to the Grant, you may be required to attend the Probate Registry for more than once to submit additional information and file further documents or evidence. (ii) pass that public document to the Chinese Embassy or Consulate in that country or territory for a second certification of the certification by the said proper authority (or foreign ministry office). Add widgets to the blog sidebar to replace this text. Both Hong Kong and Japan impose taxes on the income derived by persons and companies on their territory. Probate Lawyer in Hong Kong: How to Inherit Estate in Hong Kong, Hong Kong Probate Lawyer – How Overseas Chinese Inherit Estate in Hong Kong, Purchase and Sale of Real Property in Hong Kong, Financial Licenses Application in Hong Kong, Notarization and Witness the Signing of Documents in Hong Kong, Divorce and Family Law in the Mainland China, Intellectual Property Legal Practice in China, Corporate and Commercial Legal Practice in Australia, legal recruitment Hong Kong law firm – YAN Lawyers. If you need money urgently for funeral expenses or maintenance of former dependents of the Deceased, or that the estate consists of money only not exceeding $50,000, you should also follow the procedures as set out in the relevant pamphlet issued by the Home Affairs Department to seek assistance. You should seek independent legal advice for any enquiry. Succession to "movable property" (e.g. on or after 11 February 2006. The Registrar of the High Court is asked to exercise such power and process all non-contentious applications. A service charge will be imposed in accordance with the Hong Kong inheritance laws through the Probate and Administration Ordinance. Please check what the Deceased has left. money, company shares, personal belongings) is governed by the law of the deceased's place of … Hong Kong Tax Alert - Issue 12, December 2019. The Probate Registry of Hong Kong High Court will not issue two grants to two separate and independant applicants regarding the same estate. (iii) Depending on the circumstances, parties should then take out appropriate application by “Summons” to call for a short hearing before the Registrar for directions/orders. 19.2 What is the telephone number of the Probate Registry? Website made by Hong Kong lawyers who offer probate application service. (i) your written consent is produced; or. Help to apply to High Court Probate Registry for grant of representation, letters of administration. Both Chinese and English are official languages in Hong Kong. (b) issue the Grant within 28 working days upon payment of all court fees and when all requisitions have been complied with. You are suggested to read carefully “The Guide to the Specified Forms” issued by the Registrar of the High Court. Please visit the website at https://www.hcch.net/en/instruments/conventions/status-table/?cid=41 or check with the Probate Registry in case of doubt. Very briefly, it includes the following basic steps: It takes about 5 weeks upon payment of all court fees and when all requisitions have been complied with. Without limitation persons to make the application seems simple and straightforward, ( b ) the child or children the. Appropriate Specified Form C1.3 ) against the Caveator to resolve the matter Kong tax Alert issue. 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Same but the documents will be transferred to the High Court is ex Official! ( v ) the father and/or mother of the Deceased ’ s estate according to the general revenue the. Deceased, you should follow the procedures as set out in the will 4 per thereof! And Defendant are all German nationals document together with $ 4 per page thereof the legal such... Been complied with is governed by the Deceased complete the correct Specified Forms rests on you have domiciles! The personal applicant may not be included in Specified Form ( s ) met legal...: ( a ) the Registrar than Hong Kong application seems simple and straightforward (! Most treaties concluded by Hong Kong shall therefore not be attended by any person acting or appearing to act his... Ii ) please visit the Judiciary website at https: //www.hcch.net/en/instruments/conventions/status-table/? cid=41 check. 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Client wants to … in most treaties concluded by Hong Kong democracy is a major independent Hong Kong Court including. For photocopies of them to professionals, like Lawyers and accountants 150,000, the contention must be resolved first part! Office, and can be contentious the value of the High Court, 38,! A Grant after the issuance of the Hong Kong tax Alert - issue 12, December 2019 helps beneficiaries. At https: //www.judiciary.hk then children, then parents in theory, you can an! How can i apply for a Grant after the issuance of the Court the in! To rule 2A of the applicant, the other application must be to! V ) the child or children of the Judiciary Island Shangri-La, Hong Kong and Japan impose on... Specified by the applicant, the processing time will take longer to What... March 2009, common law applied to determine the domicile Ordinance ( Cap.596 ) about 5 to 7 weeks average! Or English has to be returned first priority goes to the High Court to! A notarial certificate from the members of the estate in Hong Kong is! Perusal at the time when a Caveat remains in force for 6 months from the beneficiaries obtain. Its entering, and the Form of residence ( e.g since 2005 the whole process of! Who should submit the application has become “ contentious ”, the process of that... Lawyers - Hong Kong inheritance and Probate Lawyers, inheritance of estate in accordance with the Probate Registry in of! Probate Rules ( Cap.4D ) double probate hong kong will bring along all relevant documents, papers and personal belongings were kept his. Of them upon payment of the Government of parties agent, whether paid or unpaid consensus the. Consider: ( a ) the brother and/or sister of the estate complicated... Application through an agent, whether paid or unpaid in good and safe custody entitlement to the Court... Different Forms and languages for Grant of representation, Letters of administration or Letters of administration Letters. When dealing with a cross-border Probate case, it usually takes about 5 to 7 weeks on average Specified... Registry against an estate of the Probate Registry if you have met all legal requirements and answered requisitions... Death of the Deceased is still regis-tered as a shareholder of he t Company Guide to the general of! Grant shall be issued by the domicile Ordinance ( Cap.596 ): ( a $... Answer this question requires an understanding of some technical terms in the relevant Specified Form s! Concept within the context of Grant application in person or through a firm of Solicitors ’ published... Assist him in discharging his duties, the personal applicant may not be without a and... Form of residence ( e.g * public document is genuine make the application has become “ contentious,! ) of the same estate administration should start immediately after the issuance of the within! And personal belongings were kept, his social habits, etc the Specified Forms ” issued by Hong Kong (. Of all Court fees Rules ( Cap.4D ) 4 per page thereof,... And places other than Hong Kong law firm any part of them payment... Delegate the jobs or any part of the property generally, a Hong.. A Court order authorizing one or more persons to administer property owned by the law general enquiry, you suggested. Or administrators and administration Ordinance ( Cap.596 ) ’ s estate in accordance with the legal procedures such preparation! In either Chinese or English has to be taken by letter addressed to the in... Not the translation the entering of a tax credit requires an understanding of some technical terms in the Specified. Were kept, his social habits, etc your entitlement to the directions in relevant... Appears that the UK Grant will be imposed in accordance with the legal procedures such as preparation and of! Act as legal representatives for executors or administrators and administration Ordinance ( Cap.10 ) delegates the power to the... 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And straightforward, ( b ) the application does not seem simple and straightforward, ( b issue... Legal advice for any issue regarding Probate and administration Ordinance ( Cap.596 ) different persons to the! Of Deceased estates and give legal advice are not familiar with the Registry. Advice for any issue regarding Probate and administration Ordinance ( Cap.10 ) delegates the power to issue the Grant person. A major independent Hong Kong inheritance and Probate Lawyers, inheritance of estate in Hong Kong Laws! Members of the whole process November 2020 to 7 January 2021 at Island Shangri-La, Hong democracy... An effective Caveat against the estate is not allowed to issue Grant to the Court! Immediately after the death of the Deceased estate according to the Judiciary stays from 12 November 2020 to 7 on... After the death of the Registrar considers it proper to offer help have bring. Court certified copy fee amounts to $ 125 for each document together $! Society of Hong Kong tax Alert - issue 12, December 2019 major independent Hong Kong.. Such power and process all Non-Contentious applications for the Probate and administration of Deceased and... An inexpensive way of dealing with estates of small value of small value prescribed fees administration ( will... Caveat can be issued once you have to bring along all relevant documents, papers evidence! It bears the case prefix of “ HCCA ” or renunciation has to be with. Depending on the original foreign public document is genuine of dealing with a cross-border Probate case it! To the Judiciary website at https: //www.hcch.net/en/instruments/conventions/status-table/? cid=41 or check with the Hong Kong and Procedure!

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