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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. The Probate Registry follows that practice. (i) where the Deceased’s home was, and the form of residence (e.g. (a) For country or territory who has participated in the Hague Convention abolishing the requirement of legalization for foreign public documents, one step is required. The Grant is an important legal document which usually authorizes the grantee to deal with the estate without limitation. Inheritance, Will & Probate in HK | 13. and $400 for every additional $100,000 or part thereof. Therefore, you shall do the authentication first, followed by translation of the authenticated foreign public document, if necessary. May 2, 2019 . However, if requisitions (including reasons why the additional assets and liabilities were not discovered earlier, requirement of top-up surety guarantee or amendment on the supporting affidavit, etc.) Inheritance Law in Hong Kong – How Estate be Distributed under Instestation? Evidence of death or renunciation has to be filed with the Probate Registry. 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. We also provide drafting and witnessing service on legal wills. (2) In the event that an online appointment cannot be offered, you may either attend the Probate Registry (Floor LG3, High Court Building, 38 Queensway, Hong Kong) or telephone our hotline (2840 1683) during office hours for the information and/or to make an appointment in relation to your application. Hong Kong Tax Alert - Issue 12, December 2019. It costs $18 for each search. on or after 11 February 2006. (Closed on Saturdays, Sundays and Public Holidays). Hong Kong continues to grow in strength as a trust hub attracting settlors who desire a modern trust law in a settled and mature legal system. Caveat proceedings start at the time when a Caveat was entered with the Probate Registry against an estate of a Deceased. Part VIII What Please check what the Deceased has left. The Probate Registry does not have the authority to check and obtain the information. (ii) Upon being warned, the Caveator may withdraw the Caveat or enter an “Appearance to Warning" (Specified Form C1.4) to respond to your Warning. Each page of a copy costs $4. (a) If the application is still being processed and no Grant has been issued, inspection will be allowed if your written consent is produced. It appears that the UK grant will need to be resealed in Hong Kong. A Grant will be issued once you have met all legal requirements and answered all requisitions to the satisfaction of the Registrar. In most treaties concluded by Hong Kong, double taxation is eliminated by allowance of a tax credit. 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 probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. 19.2 What is the telephone number of the Probate Registry? All documents filed form part of the court record and are usually not to be returned. 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. Hence, the primary obligation to choose and complete the correct Specified Forms rests on you. You may apply to the Official Administrator for his assistance by summary administration if the estate meets the circumstances mentioned in paragraph 3.3 above. You may also do so through our enquiry hotline at 2840 1683. (a) send letter of requisitions, if any, to your solicitor within 28 working days after the application has been filed, and. (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. In the case of intestacy, Hong Kong law will apply to immovable property situated in Hong Kong, whereas for moveable property the court will look to the law of the domicile of the deceased. 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. The person is also referred to as administrator. The Probate Jurisdiction in Hong Kong is … A person cannot be without a domicile and cannot have two domiciles at the same time. 11 February 2006, Part VI Death To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. 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. The Registrar of the High Court is asked to exercise such power and process all non-contentious applications. The deceased is still regis-tered as a shareholder of he t Company. Robertsons Solicitors is a major independent Hong Kong law firm. and relationship of parties in the supporting affidavit. The length of time required varies from one case to another. 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. Authentication is to be done on the original foreign public document and not the translation. Hong Kong Inheritance and Probate Lawyers, Inheritance of Estate in Hong Kong and the Mainland China: the Laws and the Procedure. Explanatory Notes: The alphabets in the form numbers have the following meaning: C: Forms relating to Caveat and Citation: F: (d) the brother and/or sister of the Deceased. There is no law limiting the time to apply for a Grant after the death of the Deceased. * Within this webpage, “foreign” means countries and places other than Hong Kong. Email (will not be published) (required) Mail (will not be published) (required), Wordpress Law Theme YAN LAWYERS 香港 - 閆顯明律師事務所. This offer is available for stays from 12 November 2020 to 7 January 2021 at Island Shangri-La, Hong Kong. (b) For deaths on or after 11 February 2006, you shall bring the original Grant with the documents showing the additional assets and liabilities to the Probate Registry to apply to amend the Schedule of Assets and Liabilities. You should consider seeking independent legal advice in case of doubt. Hugill & Ip’s comprehensive package of services for the resealing of foreign grants of probate in Hong Kong are intended to make the process both convenient and efficient. (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). A Caveat remains in force for 6 months from the date of its entering, and can be further entered. The domicile of the Deceased is important because it determines the applicable law regulating to whom the Grant is to be issued as well as how the estate is to be distributed. A list of solicitors’ firms published by the Law Society of Hong Kong is available for perusal at the Probate Registry. 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. Probate in Hong Kong- What if Two Applications for the Probate of the same estate? 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. Union flags fly before the Houses of Parliament in London. (a) obtain a notarial certificate from the local notarial office, and. It is a court order authorizing one or more persons to administer the Deceased’s estate according to the directions in the Will. (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. 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. The probate jurisdiction of the Hong Kong Court (including the Probate Registry) covers the estate in Hong Kong only. It is a common practice that a foreign public document can only be accepted if it is authenticated. Index to Forms Specified by the Registrar Pursuant to Rule 2A of the Non-Contentious Probate Rules, Cap 10A. You may apply to the Official Administrator for his assistance by summary administration to claim reimbursement of the funeral expenses if the estate meets the circumstances as per paragraph 3.3 above. If the application has become “contentious”, the contention must be resolved first. It is a court order authorizing one or more persons to administer the Deceased’s estate in accordance with the law. 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. The Probate Registry only process non-contentious applications for Grant. Rule 19 of the Non-Contentious Probate Rules (Cap.10A) governs the order of priority for different persons to make the application. A person may apply through his lawfully constituted attorney if he resides outside Hong Kong and is entitled to the Grant himself. Domicile is an important legal concept within the context of Grant application. (b) issue the Grant within 28 working days upon payment of all court fees and when all requisitions have been complied with. 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. However, two recent decisions illustrate that tax liability may arise in the form of stamp duty, in certain circumstances, from the assent of … 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. 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 estate is situated. (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). A service charge will be imposed in accordance with the Hong Kong inheritance laws through the Probate and Administration Ordinance. (a) For deaths before 11 February 2006, you shall first attend the Estate Duty office of the Inland Revenue Department to apply for a certified copy of the estate duty clearance papers. (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). (b) arrange to have that notarial certificate passed to 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. This includes a separate Deed of Guardianship to cover local custodians of infants in Hong Kong (if the Guardians live outside of Hong Kong) until they can get here to take up custody. You should therefore seek independent legal advice before taking any step as such. The staff of the Probate Registry will inform you by letter after the Probate Registry has got the original Grant and estate duty clearance papers from the Estate Duty Office and the Grant file from the Public Records Office. (i) your written consent is produced; or. (c) the father and/or mother of the Deceased. 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. Under Hong Kong laws, there is an order for the priority of persons entitled to the application of a probate regarding a deceased person’s estate. The documents needed for an application for a grant in Hong Kong will depend on the facts of the case itself, eg. are raised by the Registrar, the processing time will take longer. 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. should I note in relation to an application for Grant? If the estate is sworn under the net value of. Copies are available at the Probate Registry or you can download the document from its website. (v) the place in which his papers and personal belongings were kept, his social habits, etc. 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. (b) rule 44 of the Non-Contentious Probate Rules (Cap.10A) regulates the conduct of parties. Robertsons Solicitors is a major independent Hong Kong law firm. Hong Kong company (the “Company”) with a business partner (the “Defendant”), and the Defendant is acting as the director of the Company. Both Hong Kong and Japan impose taxes on the income derived by persons and companies on their territory. 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. If the value of the estate exceeds HK$150,000, the process is basically the same but the documents will be different. The person is referred to as administrator. You may also call us at your earliest convenience to reschedule the appointment if necessary. (i) explaining how the Grant was lost and/or misplaced; (ii) providing reason(s) that a Duplicate Grant is necessary; and. Part IX How can money, company shares, personal belongings) is governed by the law of the deceased's place of … Website made by Hong Kong lawyers who offer probate application service. (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. The Probate and Administration Ordinance (Cap.10) delegates the power to issue Grant to the High Court. Why UK stance on Hong Kong democracy is a case of double standards. The Registrar of the High Court is ex officio Official Administrator. (vi) all supporting documents must be issued by Hong Kong authorities. (i) explaining how the Grant was lost and/or misplaced; (ii) providing reason(s) that a Duplicate Grant is necessary; and. We always welcome suggestions and appraisals. 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 … 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). The probate jurisdiction is inquisitorial. Any step taken by you to enter a Caveat, a Warning, an Appearance and a Summons could cause legal consequences, including costs. Estate outside Hong Kong shall therefore not be included in Specified Form N4.1. Before a grant can be issued to one of the applicant, the other application must be dismissed or withdrawn by the applicant. (i) Please take notice of the announcements of the Judiciary through radio, television or other media. whether it was a rented or owned property); (ii) the length of the Deceased’s stay in Hong Kong, and whether the Deceased had any intention to reside in Hong Kong permanently or for an indefinite period; (iii) where the Deceased’s business, the bulk of his investments and assets were; (iv) where the Deceased’s family and friends were; and. Rule 4(1) of the Non-Contentious Probate Rules (Cap.10A) allows you to do so. For more information, please contact Alfred Ip or Jacqueline Cheng . With consensus from the beneficiaries, you may delegate the jobs or any part of them to professionals, like lawyers and accountants. Hong Kong’s Chief Executive announced in her 2020 Policy Address on 25 November 2020 that the double ad valorem stamp duty (DSD) imposed on non-residential property transactions will be abolished with effect from today, i.e., 26 November 2020.. Pledges, Part XVIII Office No further adjustment will be made upon room … You should note that a Grant shall be issued to: You should complete the appropriate Specified Form(s). The person is referred to as executor. 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. 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. Or Letters of administration against the estate meets the circumstances mentioned in paragraph 3.3 above different persons to administer Deceased... Any step as such mother of the High Court fees Rules ( )! Estate leaving unclaimed for 5 years thereafter will be issued by the,. Solicitors in Hong Kong- What if two applications for the Probate Registry ) covers the estate without limitation to so! 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