On Probate and Estate Administration: Claims for Provision Under an Estate
Where You Are “Disinherited”
關於遺囑認證及遺產管理：
被「剝奪」遺產繼承權後從遺產中索取合理經濟給養
By Mrs. Cecilia Wong and Mr. Alex Lam
編者: 黃吳潔華律師與林志聰律師
In Hong Kong, we are free to leave our estates to anyone under a valid will upon death.
It may be disheartening and painful to learn that your now deceased spouse or former spouse had, by a will, left all his or her estate to persons other than you, maybe to a spouse under his/her remarriage or even an extramarital partner, of whose existence you may entirely have no idea.
You may have spent most of your life labouring under the assumption that you will be taken care of upon the death of your “loved one” and yet, when he or she dies, you may discover to your utmost surprise, under a will that is finally revealed, that you are entirely excluded and receive nothing for the love and affection which you had given away for so many years, or decades.
Perhaps you are expecting that your now estranged spouse, who is still alive and well, intends to leave all his or her entire estate to his or her “second family” elsewhere, and you wonder if there is any way to prevent such a heartbreaking state of affair.
在香港，人人都可以以一份有效的遺囑將自己的財產留給任何人。
得知自己已故的配偶或前配偶在遺囑裏將財產全部留給自己以外的人是一件令人沮喪和痛心的事。那人可能是他／她再婚的配偶，甚至可能是你完全不知道的婚外情對象。
你從沒想過自己在摯親過身後會得不到照顧。然而，你在摯親過身時驚訝地發現他／她在遺囑裏沒有給你留下絲毫財產，你被完全排除在外。這麼說，你多年來所付出的愛和感情付諸東流，一無所獲。
也許你與你在生的配偶關係正在變差，而他／她打算將全部財產留給他／她的「第二家庭」。你想知道怎樣做才能防止這種令人心碎的事情發生。
Challenging a Will 反對遺囑
A will can be challenged on various grounds, including that the person who made the will (often called a testator) may have lacked mental capacity to do so, that the testator was unaware or disapproved the contents of his or her will but executed it anyway, perhaps for the reason that testator may have been unduly influenced or coerced into doing so by another who would reap benefit from the will. A will may also be challenged if forgery or fraud is involved in the execution of a will (e.g., the Nina Wang case), or if certain formalities in the execution of the will is not observed.
It is extremely difficult, if not impossible, however, to challenge a will simply because of what you perceive as unfairness or not to your liking. This is especially true if the will was drawn up and attested by a lawyer.
However, even if the will is valid and properly executed, if you are aggrieved by the fact that you have not been given at least some reasonable financial provision by your loved one, now deceased, you may find solace in the fact that the Court is empowered by law to make orders for provision to certain members of that deceased person’s family out of his or her estate, and for connected matters.
For instance, you are not the spouse, former spouse or other family member of a deceased, but was the cohabitee or an unmarried partner who was being maintained (in secret or otherwise). You are entitled to make the above application if the deceased leaves you no or no adequate financial provisions by a Will.
遺囑可以因為各種理由被反對，包括立遺囑的人（通稱「立遺囑人」）當立遺囑時無行為能力，或立遺囑人不知道遺囑的內容但因受到其他人的不當影響或脅迫而簽署遺囑。若遺囑簽署涉及偽造或欺詐（如龔如心的案件）或遺囑未經妥善簽署，遺囑亦可以被反對。
然而，若 閣下僅僅因為認為遺囑不公平或不滿意遺囑之內容而想反對該遺囑，這是極其困難的。若 閣下想反對之遺囑是由律師草擬及見證簽署的則尤其如此。
其實，一份遺囑即使是有效且妥善簽署的，如果 閣下對已故摯愛沒有留給自己適當的給養而感到忿忿不平， 閣下便可向法庭申請從死者的遺產中向某些家庭成員作出合理的給養。
即使 閣下不是死者的配偶、前配偶或其他家庭成員，而是被撫養（秘密或其他方式）的同居者或未婚伴侶，若死者沒有在遺囑留給 閣下足夠的經濟給養， 閣下亦有權提出上述申請。
Reasonable Financial Provision under the Inheritance (Provision for Family and Dependants) Ordinance (Cap.481) 《財產繼承(供養遺屬及受養人)條例》(第481章) 中的合理經濟給養
To claim from an estate of your (once) loved one of what should rightfully be yours, you may retain solicitors to apply to the Court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Ordinance (Cap.481).
You should apply within 6 months from the date of the Grant of Probate in respect of the deceased’s will is issued. If you are unable to do so (if, e.g., you have had no way of knowing about the death of the deceased, you were deliberately uninformed about important details relating to the application for Grant of Probate in respect of the deceased’s person’s estate, and so forth), you may apply for an extension of time to make this application. However, in doing so, you must be able to clearly explain to the Court, with strong and proper evidence, if possible, why you had not made the application within the time limit.
The deceased, from whose estate you intend to claim, must be domiciled in Hong Kong or was ordinarily resident in Hong Kong at any time in the three years immediately preceding his or her death.
You are required to submit written evidence in statement form (called an Affidavit) as well as other relevant documents in support of your application. In this regard, a solicitor competent in drafting and advocacy will greatly assist you.
If you are successful in your application, the Court may make an Order in your favour for, amongst other things:-
In deciding whether to make the above Orders, the Court will consider the overall circumstances surrounding your application, including, amongst other related matters:-
若 閣下想從（曾經的）摯愛的遺產中索取自己應得的財產， 閣下可以聘請律師根據《財產繼承(供養遺屬及受養人)條例》(第481章)向法庭提出合理經濟給養的申請。
閣下應在授予死者的遺產承辦書之日起計6個月內向法庭提出申請。若 閣下無法在時限內提出申請（例如因為 閣下無法得知死者的死亡，或有人刻意隱瞞申請遺產承辦書的重要細節等）， 閣下可以申請延長提出申請的時限，但 閣下必須以有力適當的證據向法庭清楚解釋 閣下未能依時提出申請的原因。
有關申請之死者必須在緊接其去世之前三年定居或通常居於香港。
閣下需以聲明形式（亦即誓章）提交書面證據及其他相關文件支持 閣下的申請。在此方面，擅於草擬文件及訟辯的律師對 閣下有舉足輕重的幫助。
若 閣下之申請成功，法庭可能會作出對 閣下有利的命令，其中包括：
在判斷是否作出以上命令時，法庭會考慮有關申請的整體情況，其中包括：
Our Services 本行之服務
Our firm has extensive experience in advising on all types of disputes that may arise in relation to Wills and Probate. Just recently, in a long and arduous case of our client, we successfully removed an estate’s personal representative who refused to properly administer an estate by attempting to keep all the estate’s money as the personal representative’s own. In our long line of history and lineage in dealing with the estates and related matters, we have handled cases which arose from bitter disputes between family members, in which we successfully prevented the improper conveyance and dissipation of precious landed properties which otherwise would have been usurped by the “black sheep” of our clients’ family, from an estate to which our client was beneficially entitled. Our solicitors have also handled estate cases involving multi-billion dollars, as well as related shareholders’ disputes arising out of longstanding, established family businesses.
You may also consider estate planning of your very own. Our solicitors are well-versed with estate administration and non-contentious probate matters, including the preparation of wills, Enduring Powers of Attorney as well as family trusts that will be custom-tailored to you, your loved ones and your future generations.
If you have any enquiries, you may contact us at 2545 8181 and speak with our firm’s Partner Mrs. Cecilia Wong or our Associate Solicitor Mr. Alex Lam.
本律師行在處理各種遺囑及遺產爭議皆有豐富的經驗。最近，本行在一個漫長又艱鉅的訴訟中成功為客戶移除了一位拒絕妥善管理遺產並試圖將所有遺產據為己有的遺產管理人。在本行處理遺產爭議的悠久歷史中，本行曾處理因家族成員之間的激烈糾紛而產生的案件。在這些案件中，本行成功阻止了遺產中寶貴的土地財產被客戶家族的“敗類”不當轉讓和篡奪。本行的律師亦曾處理涉及十數億港元之爭產官司及享負盛名的家族企業之股東糾紛。
閣下亦可以考慮自己的遺產規劃。本行的律師在遺產管理及無爭議遺囑認證之事宜有豐富的經驗，能為 閣下、 閣下的親人與 閣下的後代量身定制遺囑、持久授權書及家庭信託。
如 閣下有任何疑問，請致電2545 8181與本行之合夥人黃吳潔華律師或林志聰律師聯絡。
Profile of our Professionals 本行之律師
Mrs. Cecilia Wong, Partner
Mrs. Cecilia Wong holds a Bachelor of Laws degree of Peking University, Postgraduate Certificate in Laws of the University of Hong Kong, Graduate Diploma in Law of Manchester Metropolitan University, Graduate Diploma in Management of McGill University, Bachelor of Arts (English Literature) of Concordia University, and etc. She is a China-Appointed Attesting Officer. Mrs. Wong has over 20 years of experience as a solicitor in private practice and is competent in matrimonial law, criminal and civil litigation, probate, commercial and corporate law. She actively participates in promoting the use of mediation in Hong Kong and has enormous experience in mediation and arbitration for various matters. Her public duties engagements include being a member of the Chief Justice’s Working Party on Mediation, a member of the Family Council, a member of the Family Law Committee of the Law Society of Hong Kong, member of the Mental Health Committee of the Law Society of Hong Kong, and past chairlady of the Appeal Tribunal Panel, Planning and Lands Branch of Development Bureau. She is also a past Council member of the Law Society of Hong Kong and etc.
Mr. Alex Lam, Associate Solicitor
Mr. Alex Lam holds a postgraduate law degree of Juris Doctor and Postgraduate Certificate in Laws from the Chinese University of Hong Kong. He has over 8 years’ private practice experience in civil litigation, property, corporate and commercial matters. Prior to joining the firm, Mr. Lam had practiced with various prominent local law firms. He is experienced in advising a broad range of high-profiled clients including multi-national companies, local listed and private companies and individual clients on civil litigation, legal compliance and investigation as well as corporate matters involving high valued transactions, claims and disputes. Mr. Lam often advises on various contentious and non-contentious matters, covering contractual and employment disputes, estate planning, trust and estate claims, matrimonial proceedings as well as compliance and regulatory issues. He has assisted a wide range of clients by adopting pragmatic, collaborative approaches and delivering robust, yet flexible advice to tackle various acrimonious litigation cases. His broad clientele includes small and medium enterprises, partnerships and individuals.
黃吳潔華律師 | 合夥人
黃吳潔華律師擁有北京大學法律學士學位、香港大學法律專業文憑、英國曼徹斯特城市大學法律文憑、加拿大麥基爾大學工商管理碩士文憑、加拿大康戈迪亞大學英國文學學士學位等。她是中國委托公証人，私人執業超過20年，專責處理離婚訴訟、刑事及民事訴訟、遺產承辦及商業法。黃律師一向積極推廣調解，對不同類型的糾紛亦有豐富的調解及仲裁經驗，她的公職包括首席大法官調解工作小組成員，香港政府家庭議會委員，精神健康委員會委員，以及前發展局規劃地政科上訴審裁團主席。黃律師亦曾擔任香港律師會理事等公職。
林志聰律師 | 律師
林志聰律師擁有香港中文大學法律博士學位及法律專業文憑。他在民事訴訟、房地產及公司與商業事務方面擁有超過 8 年的執業經驗。在加入本行前，林律師在多間知名本地律師行執業，其客戶涵蓋跨國企業、本地上市公司、私營公司及個人客戶。他曾為眾多知名客戶就巨額交易、索償和爭議提供有關民事訴訟及法律遵循與調查的諮詢。林律師經常就各種爭訟及非爭訟性事務提供法律意見，其中包括合同和僱傭糾紛、遺產規劃、信託與遺產爭議、婚姻訴訟及法律遵循與監管問題。他採取務實、協作的方針向客戶提供穩健而靈活的建議來處理各種激烈的訴訟，為廣泛的客戶提供解決方案。林律師的客戶包括中小企業、合作夥伴和個人客戶。
It may be disheartening and painful to learn that your now deceased spouse or former spouse had, by a will, left all his or her estate to persons other than you, maybe to a spouse under his/her remarriage or even an extramarital partner, of whose existence you may entirely have no idea.
You may have spent most of your life labouring under the assumption that you will be taken care of upon the death of your “loved one” and yet, when he or she dies, you may discover to your utmost surprise, under a will that is finally revealed, that you are entirely excluded and receive nothing for the love and affection which you had given away for so many years, or decades.
Perhaps you are expecting that your now estranged spouse, who is still alive and well, intends to leave all his or her entire estate to his or her “second family” elsewhere, and you wonder if there is any way to prevent such a heartbreaking state of affair.
在香港，人人都可以以一份有效的遺囑將自己的財產留給任何人。
得知自己已故的配偶或前配偶在遺囑裏將財產全部留給自己以外的人是一件令人沮喪和痛心的事。那人可能是他／她再婚的配偶，甚至可能是你完全不知道的婚外情對象。
你從沒想過自己在摯親過身後會得不到照顧。然而，你在摯親過身時驚訝地發現他／她在遺囑裏沒有給你留下絲毫財產，你被完全排除在外。這麼說，你多年來所付出的愛和感情付諸東流，一無所獲。
也許你與你在生的配偶關係正在變差，而他／她打算將全部財產留給他／她的「第二家庭」。你想知道怎樣做才能防止這種令人心碎的事情發生。
Challenging a Will 反對遺囑
A will can be challenged on various grounds, including that the person who made the will (often called a testator) may have lacked mental capacity to do so, that the testator was unaware or disapproved the contents of his or her will but executed it anyway, perhaps for the reason that testator may have been unduly influenced or coerced into doing so by another who would reap benefit from the will. A will may also be challenged if forgery or fraud is involved in the execution of a will (e.g., the Nina Wang case), or if certain formalities in the execution of the will is not observed.
It is extremely difficult, if not impossible, however, to challenge a will simply because of what you perceive as unfairness or not to your liking. This is especially true if the will was drawn up and attested by a lawyer.
However, even if the will is valid and properly executed, if you are aggrieved by the fact that you have not been given at least some reasonable financial provision by your loved one, now deceased, you may find solace in the fact that the Court is empowered by law to make orders for provision to certain members of that deceased person’s family out of his or her estate, and for connected matters.
For instance, you are not the spouse, former spouse or other family member of a deceased, but was the cohabitee or an unmarried partner who was being maintained (in secret or otherwise). You are entitled to make the above application if the deceased leaves you no or no adequate financial provisions by a Will.
遺囑可以因為各種理由被反對，包括立遺囑的人（通稱「立遺囑人」）當立遺囑時無行為能力，或立遺囑人不知道遺囑的內容但因受到其他人的不當影響或脅迫而簽署遺囑。若遺囑簽署涉及偽造或欺詐（如龔如心的案件）或遺囑未經妥善簽署，遺囑亦可以被反對。
然而，若 閣下僅僅因為認為遺囑不公平或不滿意遺囑之內容而想反對該遺囑，這是極其困難的。若 閣下想反對之遺囑是由律師草擬及見證簽署的則尤其如此。
其實，一份遺囑即使是有效且妥善簽署的，如果 閣下對已故摯愛沒有留給自己適當的給養而感到忿忿不平， 閣下便可向法庭申請從死者的遺產中向某些家庭成員作出合理的給養。
即使 閣下不是死者的配偶、前配偶或其他家庭成員，而是被撫養（秘密或其他方式）的同居者或未婚伴侶，若死者沒有在遺囑留給 閣下足夠的經濟給養， 閣下亦有權提出上述申請。
Reasonable Financial Provision under the Inheritance (Provision for Family and Dependants) Ordinance (Cap.481) 《財產繼承(供養遺屬及受養人)條例》(第481章) 中的合理經濟給養
To claim from an estate of your (once) loved one of what should rightfully be yours, you may retain solicitors to apply to the Court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Ordinance (Cap.481).
You should apply within 6 months from the date of the Grant of Probate in respect of the deceased’s will is issued. If you are unable to do so (if, e.g., you have had no way of knowing about the death of the deceased, you were deliberately uninformed about important details relating to the application for Grant of Probate in respect of the deceased’s person’s estate, and so forth), you may apply for an extension of time to make this application. However, in doing so, you must be able to clearly explain to the Court, with strong and proper evidence, if possible, why you had not made the application within the time limit.
The deceased, from whose estate you intend to claim, must be domiciled in Hong Kong or was ordinarily resident in Hong Kong at any time in the three years immediately preceding his or her death.
You are required to submit written evidence in statement form (called an Affidavit) as well as other relevant documents in support of your application. In this regard, a solicitor competent in drafting and advocacy will greatly assist you.
If you are successful in your application, the Court may make an Order in your favour for, amongst other things:-
- periodical payments to you out of the estate of a deceased;
- a lump sum payment to you out of the estate of a deceased; and
- transfer of property, e.g., a flat, from the estate of a deceased to you.
In deciding whether to make the above Orders, the Court will consider the overall circumstances surrounding your application, including, amongst other related matters:-
- your financial resources and financial needs in the foreseeable future;
- the financial resources and financial needs of other beneficiaries to an estate in the foreseeable future;
- your and other beneficiaries’ physical or mental disabilities, if any; and
- the size and nature of the estate of the deceased.
若 閣下想從（曾經的）摯愛的遺產中索取自己應得的財產， 閣下可以聘請律師根據《財產繼承(供養遺屬及受養人)條例》(第481章)向法庭提出合理經濟給養的申請。
閣下應在授予死者的遺產承辦書之日起計6個月內向法庭提出申請。若 閣下無法在時限內提出申請（例如因為 閣下無法得知死者的死亡，或有人刻意隱瞞申請遺產承辦書的重要細節等）， 閣下可以申請延長提出申請的時限，但 閣下必須以有力適當的證據向法庭清楚解釋 閣下未能依時提出申請的原因。
有關申請之死者必須在緊接其去世之前三年定居或通常居於香港。
閣下需以聲明形式（亦即誓章）提交書面證據及其他相關文件支持 閣下的申請。在此方面，擅於草擬文件及訟辯的律師對 閣下有舉足輕重的幫助。
若 閣下之申請成功，法庭可能會作出對 閣下有利的命令，其中包括：
- 命令從死者遺產中支付定期款項予 閣下；
- 命令從死者遺產中支付整筆款項予 閣下；及
- 命令將死者的財產（例如物業）從死者的遺產轉移給 閣下。
在判斷是否作出以上命令時，法庭會考慮有關申請的整體情況，其中包括：
- 閣下在可預見的將來的經濟資源及經濟需要；
- 其他遺產受益人在可預見的將來的經濟資源及經濟需要；
- 閣下及其他遺產受益人在肢體上或心智上的弱能狀況（如有）；及
- 死者遺產的多少和性質。
Our Services 本行之服務
Our firm has extensive experience in advising on all types of disputes that may arise in relation to Wills and Probate. Just recently, in a long and arduous case of our client, we successfully removed an estate’s personal representative who refused to properly administer an estate by attempting to keep all the estate’s money as the personal representative’s own. In our long line of history and lineage in dealing with the estates and related matters, we have handled cases which arose from bitter disputes between family members, in which we successfully prevented the improper conveyance and dissipation of precious landed properties which otherwise would have been usurped by the “black sheep” of our clients’ family, from an estate to which our client was beneficially entitled. Our solicitors have also handled estate cases involving multi-billion dollars, as well as related shareholders’ disputes arising out of longstanding, established family businesses.
You may also consider estate planning of your very own. Our solicitors are well-versed with estate administration and non-contentious probate matters, including the preparation of wills, Enduring Powers of Attorney as well as family trusts that will be custom-tailored to you, your loved ones and your future generations.
If you have any enquiries, you may contact us at 2545 8181 and speak with our firm’s Partner Mrs. Cecilia Wong or our Associate Solicitor Mr. Alex Lam.
本律師行在處理各種遺囑及遺產爭議皆有豐富的經驗。最近，本行在一個漫長又艱鉅的訴訟中成功為客戶移除了一位拒絕妥善管理遺產並試圖將所有遺產據為己有的遺產管理人。在本行處理遺產爭議的悠久歷史中，本行曾處理因家族成員之間的激烈糾紛而產生的案件。在這些案件中，本行成功阻止了遺產中寶貴的土地財產被客戶家族的“敗類”不當轉讓和篡奪。本行的律師亦曾處理涉及十數億港元之爭產官司及享負盛名的家族企業之股東糾紛。
閣下亦可以考慮自己的遺產規劃。本行的律師在遺產管理及無爭議遺囑認證之事宜有豐富的經驗，能為 閣下、 閣下的親人與 閣下的後代量身定制遺囑、持久授權書及家庭信託。
如 閣下有任何疑問，請致電2545 8181與本行之合夥人黃吳潔華律師或林志聰律師聯絡。
Profile of our Professionals 本行之律師
Mrs. Cecilia Wong, Partner
Mrs. Cecilia Wong holds a Bachelor of Laws degree of Peking University, Postgraduate Certificate in Laws of the University of Hong Kong, Graduate Diploma in Law of Manchester Metropolitan University, Graduate Diploma in Management of McGill University, Bachelor of Arts (English Literature) of Concordia University, and etc. She is a China-Appointed Attesting Officer. Mrs. Wong has over 20 years of experience as a solicitor in private practice and is competent in matrimonial law, criminal and civil litigation, probate, commercial and corporate law. She actively participates in promoting the use of mediation in Hong Kong and has enormous experience in mediation and arbitration for various matters. Her public duties engagements include being a member of the Chief Justice’s Working Party on Mediation, a member of the Family Council, a member of the Family Law Committee of the Law Society of Hong Kong, member of the Mental Health Committee of the Law Society of Hong Kong, and past chairlady of the Appeal Tribunal Panel, Planning and Lands Branch of Development Bureau. She is also a past Council member of the Law Society of Hong Kong and etc.
Mr. Alex Lam, Associate Solicitor
Mr. Alex Lam holds a postgraduate law degree of Juris Doctor and Postgraduate Certificate in Laws from the Chinese University of Hong Kong. He has over 8 years’ private practice experience in civil litigation, property, corporate and commercial matters. Prior to joining the firm, Mr. Lam had practiced with various prominent local law firms. He is experienced in advising a broad range of high-profiled clients including multi-national companies, local listed and private companies and individual clients on civil litigation, legal compliance and investigation as well as corporate matters involving high valued transactions, claims and disputes. Mr. Lam often advises on various contentious and non-contentious matters, covering contractual and employment disputes, estate planning, trust and estate claims, matrimonial proceedings as well as compliance and regulatory issues. He has assisted a wide range of clients by adopting pragmatic, collaborative approaches and delivering robust, yet flexible advice to tackle various acrimonious litigation cases. His broad clientele includes small and medium enterprises, partnerships and individuals.
黃吳潔華律師 | 合夥人
黃吳潔華律師擁有北京大學法律學士學位、香港大學法律專業文憑、英國曼徹斯特城市大學法律文憑、加拿大麥基爾大學工商管理碩士文憑、加拿大康戈迪亞大學英國文學學士學位等。她是中國委托公証人，私人執業超過20年，專責處理離婚訴訟、刑事及民事訴訟、遺產承辦及商業法。黃律師一向積極推廣調解，對不同類型的糾紛亦有豐富的調解及仲裁經驗，她的公職包括首席大法官調解工作小組成員，香港政府家庭議會委員，精神健康委員會委員，以及前發展局規劃地政科上訴審裁團主席。黃律師亦曾擔任香港律師會理事等公職。
林志聰律師 | 律師
林志聰律師擁有香港中文大學法律博士學位及法律專業文憑。他在民事訴訟、房地產及公司與商業事務方面擁有超過 8 年的執業經驗。在加入本行前，林律師在多間知名本地律師行執業，其客戶涵蓋跨國企業、本地上市公司、私營公司及個人客戶。他曾為眾多知名客戶就巨額交易、索償和爭議提供有關民事訴訟及法律遵循與調查的諮詢。林律師經常就各種爭訟及非爭訟性事務提供法律意見，其中包括合同和僱傭糾紛、遺產規劃、信託與遺產爭議、婚姻訴訟及法律遵循與監管問題。他採取務實、協作的方針向客戶提供穩健而靈活的建議來處理各種激烈的訴訟，為廣泛的客戶提供解決方案。林律師的客戶包括中小企業、合作夥伴和個人客戶。
