Administration of Estates in Hong Kong: Probate, Letters of Administration and Family Provision
- Stefan Schmierer
- May 2, 2020
- 3 min read
Updated: Mar 20
Author: Stefan Schmierer, Managing Partner
The Need for Administration of Estates in Hong Kong
After a loved one dies relations have the added burden at a time of bereavement of winding up the estate. The assets in the estate will be frozen from the date of death so there can be temporary hardship for dependents. There are two types of administration of estates, depending upon whether the deceased left a will.
Applying for a Grand Probate is a Detailed Oriented Talk
It should be noted that in Hong Kong it is a criminal offence to deal with a deceased’s estate before the Court has granted administration.
Grant of Probate in Hong Kong
If the deceased made a will, it will be the duty of the executors named in the will to apply for a Grant of Probate, and the estate will devolve as provided for in the will.
Where there is only one executor named, there are circumstances, for example where there is a minority interest, in which the executor must appoint another person to act jointly. The estate will devolve in accordance with the terms of the will.
Letters of Administration Where There Is No Will
If the deceased made no will, the right to apply for a Grant of Letters of Administration and to wind up the estate is determined by the Intestates’ Estates Ordinance and the Non‑contentious Probate Rules.
If the deceased left a surviving spouse but no children, parents, siblings, nephews or nieces, the entire estate passes to the surviving spouse.
If the deceased left a surviving child or children, and a surviving spouse, half of the estate passes to the spouse and the other half passes to the children. Where a child is a minor, the share is held on trust until the child reaches 18 years of age.
The Ordinance contains further provisions for different categories of surviving relatives. Those entitled to share in the estate may apply for Letters of Administration, with priority given first to the surviving spouse and then to the children.
Inheritance (Provision for Family and Dependants) Ordinance
This Ordinance allows certain categories of relatives to apply to the Court where the will or intestacy rules do not make reasonable financial provision.
Eligible applicants include, among others:
surviving spouses.
maintained former spouses.
infant children.
maintained parents.
maintained adult children.
If the Court is satisfied that reasonable financial provision has not been made, it may order that provision be made out of the estate.
How Ravenscroft & Schmierer Can Help?
The administration of estates in Hong Kong involves strict procedural rules and legal risks. Ravenscroft & Schmierer advises executors, administrators and beneficiaries on probate, intestacy, estate disputes and family provision claims.
If you require assistance with administering a Hong Kong estate or protecting your interests as a beneficiary or dependant, contact our team who can guide you through the process.
FAQ: Administration of Estates in Hong Kong
What is estate administration in Hong Kong?
Estate administration is the legal process of collecting, managing and distributing a deceased person’s assets once court authority has been granted.
What is the difference between probate and letters of administration?
Probate applies where there is a will. Letters of administration apply where the deceased died without a will.
Can family members access estate assets before probate is granted?
No. Dealing with an estate before court authority is granted is a criminal offence in Hong Kong.
Who is entitled to apply for letters of administration?
Priority is given first to the surviving spouse, then to children, followed by other relatives under the Intestates’ Estates Ordinance.
What happens to a minor’s inheritance?
Where a beneficiary is a minor, their share is held on trust until they reach 18 years of age.
Can dependants challenge a will in Hong Kong?
Yes. Eligible dependants may apply under the Inheritance (Provision for Family and Dependants) Ordinance.
How can Ravenscroft & Schmierer assist with estate administration?
Ravenscroft & Schmierer advises on probate applications, letters of administration, intestacy matters and inheritance claims in Hong Kong.
Does Ravenscroft & Schmierer act in contested estate matters?
Yes. We assist in court applications, family provision claims and estate disputes.
When should legal advice be sought?
Legal advice should be sought as soon as possible after death, particularly where assets are frozen or disputes may arise.
Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
For specific advice about your situation, please contact:
 Managing Partner
+852 2388 3899