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Succession of Chinese Nationals of the HKSAR Estate in the United Kingdom (UK)
Hong Kong permanent residents may have assets in various other jurisdictions. One of the most common emigration destinations in recent years is the UK.
There are many common characteristics between the succession law of deceased’ estate in the UK and in Hong Kong.
The deceased has a Will governing estate in the UK
If the deceased has a Will governing estate in UK, the executor appointed with his/her named in the last Will of the testator usually applies for probate through the local Probate Registry in the UK to deal with the deceased’s estate. The executor will then follow the Will and distribute the estate of the deceased.
The deceased does not have a Will governing estate in the UK
If the deceased does not have a Will governing his or her immovable estate, the succession of the estate is usually governed by statutory law and the person(s) who inherit your property is governed by the statutory rules of intestacy. In general, the successors will be your closest surviving relatives in accordance to the classes listed out in the legislation, depending on the nature of marriage of the deceased and whether the deceased has any children. Please see the table below for details:
| Class | Details |
| Has spouse but no children, parent(s) or sibling(s) | The spouse (or civil partner) will inherit all of the estate |
| Has both spouse and children | The surviving spouse (or civil partner) will inherit:
The children will inherit the remaining half of the estate. If the children of the deceased have died, their share of the inheritance go to their children equally. |
| Has spouse, no children but has parent(s) or sibling(s) | The spouse (or civil partner) will inherit:
The remaining half goes to surviving parents or to the siblings (if the deceased has no parents or parents were dead). |
| Has no surviving spouse | The surviving relatives will inherit in priority order as follows:
|
| Has no relatives | If there are no surviving relatives, the estate is classed as ownerless property (‘Bona Vacantia’) and goes to the Crown. |
Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.
