Probate Centre

 
Our Lawyers︰Archie Cheung 
Partner
 
Helen Wong 
Partner
 
Mary Reimer Lau 
Consultant 
 
Clifton Wong 
Consultant
 
Connie Yau 
Senior Associate
 
Angela Chan
Consultant
 
Laurence Lee
Associate
 
Alvin Li
Associate

Probate Service Centre

Our Services 
● Probate Application● Estate Disputes and related Litigation● Wills and Enduring Powers of Attorney

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No need to register.
Please contact our staff during office hours

Phone Enquiry

Please call to enquire all matters on
wills and probate applications
and meeting with a Solicitor

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Q & A

What is the “Probate Centre” of Cheung & Co? 

It is one of the departments of Cheung & Co., specializing in drafting Wills, making probate applications and dealing with probate litigation.

My next of kin (“NOK”) have just passed away, how should I deal with their property?

You are advised to first search your NOK’s  apartment and ask your relatives or your NOK’s lawyers if your NOK have made a Will.
If yes, you need to identify who is/are the executor(s)/executrix(s) of your NOK’s  estates appointed in the Will. The executor(s)/executrix(s) need to apply for a “Grant of Probate” to the High Court and distribute the Deceased’s estate to the beneficiaries according to the contents of the Will after he/she has successfully obtained the “Grant of Probate”.

What can I do if I could not find any Will after I searched my NOK’s apartment and asked my relatives about it?

If the deceased kept a safe deposit box with a bank, you can apply to inspect the safe deposit box by yourself or through the assistance of a law firm to ensure that there is no Will left in the safe deposit box.
In addition, with the assistance of our law firm, we can conduct a Will search through the Hong Kong Law Society to check if the deceased made a Will in any law firm in Hong Kong before his/her death. Given that a Will has a significant impact on the distribution of the deceased’s estate, thorough scrutiny of the Will is essential.

What is a “Grant of Representation”?  

A “Grant of Representation” is a court document. It enables the executor(s)/administrator(s) to deal with the deceased’s estate so as to manage and distribute the relevant assets to the beneficiaries.
A “Grant of Representation” is a collective term for a “Grant of Probate” or a “Grant of Letters of Administration”.
If the deceased dies testate (i.e., he/she had made a Will appointing an executor), the court will issue a “Grant of Probate” for an executor who successfully applies for it.
If the deceased dies intestate (i.e., no Will is found or if the Will has been revoked), the court will issue a “Grant of Letters of Administration” to an administrator who is entitled to apply for it under the law of intestacy.

If a deceased leaves a small estate, is there a simpler method to deal with it?

If the total amount of the estate does not exceed HK$150,000, which only includes cash in hands, bank deposits and MPF, you are advised to seek assistance from the Public Application Section of the Probate Registry to apply for a Grant of Representation.
If the total amount of the estate does not exceed HK$50,000, which only includes cash in hands, you are advised to apply for a confirmation notice from the Estate Beneficiaries Support Services of the Home Affairs Department to deal with the estate.

What would be the potential consequences if we do not follow the above suggested procedure to deal with the estate of a deceased?

It is a criminal offence to administer or deal with any estate of a deceased without lawful authority. A maximum fine for a person guilty of intermeddling would be HK$10,000 and an additional penalty equal to the value of the intermeddled part of the estate or the intermeddled part of the income of the estate.
Should you have any queries, you should not hesitate to seek legal advice from our solicitors, the Probate Registry of the High Courts or the Estate Beneficiaries Support Services of the Home Affairs Department.

If no Will of a deceased is found, who is responsible for managing the estate of the deceased?

The entitlement regarding the right of a person to apply for the “Grant of Letters of Administration” will be in accordance with the Intestates’ Estates Ordinance (Cap.73), the surviving spouse of the deceased should normally be the first in obtaining the right to apply for a “Grant of Letters of Administration”.
After obtaining the “Grant of Letters of Administration”, the surviving spouse will further distribute the estate of the deceased according to the said Ordinance.
In short, the surviving spouse of the deceased has the first priority in applying for the “Grant of Letters of Administration”. If the surviving spouse passed away, then the children of the deceased would be entitled to apply for the Grant. However, if both the surviving spouse and the children passed away, the father or mother of a deceased would be the person entitled to the Grant.

If a deceased did not make a Will before his/her death, how the estate of the deceased should be distributed?

According to the Intestate’s Estate Ordinance (Cap. 73), after deduction of the deceased's debts, taxes, funeral, legal and administration expenses from the estate, the estate of the deceased should be distributed in accordance with the following methods:(a) A deceased only leaves a spouseIf the deceased leaves a spouse, but leaves no issue, parent, brother or sister of the whole blood (the same parents), or issue of a brother or sister of the whole blood, then the surviving husband or wife is absolutely entitled to the residuary estate
(b) A deceased leaves a spouse and issue (child/children)If the deceased leaves a spouse and issue (child/children), whether or not he/she is survived by his/her parents or siblings, the surviving spouse could first take (1) all of the deceased's personal chattels; and (2) a sum of $500,000 from the residuary estate.
After the aforesaid $500,000 is paid out, if there is any remaining sum, it would be divided in half. One half will be distributed to the surviving spouse and the other half will be divided equally amongst the child/children of the deceased.
(c) A deceased leaves issue (child/children) and siblingsIf the deceased has issue (child/children), the deceased's parents, brothers and sisters cannot obtain anything even if the deceased's spouse has predeceased the deceased.
The estate of the deceased will be distributed equally among the issue only.
(d) A deceased leaves a spouse, parents and siblings, but no issue (child/children)if the deceased has no issue (child/children), the parents and siblings can have a share in the deceased's estate, even if his/her spouse survives.
The surviving spouse can first take (1) all of the deceased's personal chattels and (2) a sum of $1,000,000 from the residuary estate.
After the aforesaid $1,000,000 is paid out, if there is any remaining sum, it would be divided in half. One half will be distributed to the surviving spouse and the other half will be distributed to the surviving parent(s).

It sounds so complicated!

There may be some other troublesome cases, for example, a deceased only leaves siblings or other distant relatives and etc.
You are strongly advised to seek assistance from our solicitors in these cases!

Can children born out of wedlock or adopted children (i.e., illegitimate children) inherit the estate of a deceased?

If the deceased dies testate (i.e., he/she had made a Will appointing an executor), the estate of the deceased should be distributed according to the Will. The legal status of a child is irrelevant to the distribution of the deceased’s estate.
However, if the deceased dies intestate (i.e., no Will is found), illegitimate children can enjoy the same succession right as legitimate children (i.e., children born in wedlock) if their parents die after 19th June 1993.
Children who are adopted in accordance with the law also enjoy the same right to inherit their parent’s estate as biological children do. They will be considered as legally adopted children of their parents but not the children of the others.

I am the next of kin of the deceased, yet I feel I am treated unfairly that I am not named as one of the beneficiaries in the Will. What can I do?

Generally speaking, a person can make a Will to decide his/her estate’s distribution after his/her death. However, the law of inheritance still has effect on dealing with some exceptional circumstances.
Under the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481), a cohabitant of a deceased, a child born out of wedlock and etc. may be entitled to claim under this Ordinance. Also, you may want to consider challenging the voluntariness and mental capacity of a deceased when he/she was making the Will.
Therefore, you are strongly advised to come and talk to our solicitors if any of the above situations arise.

If I decide to ask the court to distribute the estate of a deceased, what can I do?

If you intend to claim for any shares of the estate of a deceased in court, you are highly recommended to seek legal services from our law firm to file a Caveat to the court in advance.
This action stops other people from applying for a Grant of Representation and distributing the estate of a deceased immediately right after obtaining the Grant of Representation, thereby allowing you to seek further legal advice from our solicitors.

My husband passed away recently. A woman suddenly appeared and said that she was my husband’s girlfriend and his business partner. What can I do?

This kind of situation will usually invoke other relevant probate litigation or commercial disputes, you are strongly advised to seek legal assistance from our solicitors.

The last thing I want to see is my family fighting over my legacy, is the best way to avoid this situation to make a Will?

Absolutely yes.
As long as you are 18 years old or above, you may make a Will.
The fee of making a Will is not high. You can amend or make a new Will in the future if necessary.
Also, another benefit of making a Will is to avoid the extra fee in making an application for the Letters of Administration.

Is it a must to make a Will with the help of a solicitor?

No.
However, it is strongly advisable to seek assistance from a solicitor to make a Will for you. A Will is a legal document. The distribution of your estate depends on this single document. The High Court of Hong Kong will, therefore, adopt a stringent review process when reading this document.
There are certain formalities of making a Will. The formalities become more rigorous when it comes to the elderly or mentally incapable persons making a Will.
To reduce the chances of people challenging the validity of your Will in the future, it is highly recommended that you should seek legal advice when making a Will

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About Us 
Our "Probate Service Centre" provides professional and reliable services to clients.Cases are handled by our experienced legal team.Our area of services include both contentious and non-contentious probate matters.

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條款及條件

Users Agreement

The user of this website is not yet a client of Cheung & Co., Solicitors before a formal retainer letter is signed by the user.

Privacy Policy Statement
 	
Cheung & Co., Solicitors recognise their responsibilities in relation to the collection, holding, processing, use and/or transfer of personal data under the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO"). Personal data will be collected only for lawful and relevant purposes. We will use your personal data which we may from time to time collect in accordance with this Privacy Policy Statement. 

We regularly review this Privacy Policy Statement and may from time to time revise it or add specific instructions, policies and terms. All changes can be seen from the latest version of our Privacy Policy Statement in our website. Continued use by you of our website or your continued relationship with us shall be deemed to be your acceptance of and consent to this Privacy Policy Statement, as amended from time to time. 

If you have any questions about this Privacy Policy Statement or how we use your personal data, please contact us through one of the communication channels set out in the "Contact Us" section below. 

We will take all practicable steps to ensure the security of the personal data and to avoid unauthorised or accidental access, erasure or other use. This includes physical, technical and procedural security methods, where appropriate, to ensure that the personal data may only be accessed by authorised personnel. 

Please note that if you do not provide us with your personal data (or relevant personal data relating to persons appointed by you to act on your behalf) we may not be able to provide the information, products or services you have asked for or process your requests or applications.

Purpose
From time to time we may collect your personal data including but not limited to your name, mailing address, telephone number, email address, date of birth and login name for the following purposes: 

1. to process your requests, applications, and registration for our products and services;
2. to provide you with our products and services and administer your account in relation to such products and services;
3. to conduct research and statistical analysis; 
4. to conduct direct marketing activities;
5. to conduct conflict check; and
6. other purposes directly relating to any of the above.

Direct marketing
Where you have not expressly opted out, we may use your name, mailing address, telephone number and email address to send promotional materials to you and conduct direct marketing activities in relation to the services offered by Cheung & Co., Solicitors.

If you do not wish to receive any promotional and direct marketing materials from us or do not wish to receive particular types of promotional and direct marketing materials or do not wish to receive such materials through any particular means of communication, please contact us through one of the communication channels set out in the "Contact Us" section below. To ensure that your request can be processed quickly please provide your full name, email address, log in name and details of the product and/or service you have subscribed. 

Identity Card Number
We may also collect your identity card number and process this as required under applicable law or regulation, as required by any regulator having authority over us and, subject to the PDPO, for the purpose of identifying you where it is reasonable for your identity card number to be used for this purpose.

Transfers of your personal data
For one or more of the purposes specified above, your personal data may be: 

1. supplied to any agent, contractor or third party who provides administrative, telecommunications, computer, payment, debt collection, data processing or other services to Cheung & Co., Solicitors and in this regard you consent to the transfer of your data outside of Hong Kong; and
2. other parties as notified to you at the time of collection.

How we use cookies
If you access our information or services through our website, you should be aware that cookies are used. Cookies are data files stored on your browser. Our website automatically installs and uses cookies on your browser when you access it. Two kinds of cookies are used on our website: 

Session Cookies: temporary cookies that only remain in your browser until the time you leave our website, which are used to obtain and store configuration information and administer our website, including carrying information from one page to another as you browse the site so as to, for example, avoid you having to re-enter information on each page that you visit. Session cookies are also used to compile anonymous statistics about the use of our website.

Persistent Cookies: cookies that remain in your browser for a longer period of time for the purpose of compiling anonymous statistics about the use of our website or to track and record user preferences. 

The cookies used in connection with our website do not contain personal data. You may refuse to accept cookies on your browser by modifying the settings in your browser or internet security software. However, if you do so you may not be able to utilise or activate certain functions available on our website.

Compliance with laws and regulations
We may be required to retain, process and/or disclose your personal data in order to comply with applicable laws and regulations or in order to comply with a court order, subpoena or other legal process (whether in Hong Kong or elsewhere), or to comply with a request by a government authority, law enforcement agency or regulatory body (whether situated in Hong Kong or elsewhere). We may need to disclose your personal data in order to enforce any agreement with you, protect our rights, property or safety, or the rights, property or safety of our employees.

Corporate reorganisation
As we continue to develop our business, we may reorganise our structure, undergo a change of control or business combination. In these circumstances it may be the case that your personal data is transferred to a third party who will continue to operate our business or a similar service under either this Privacy Policy Statement or a different privacy policy statement. Such a third party may be located, and use of your personal data may be made, outside of Hong Kong in connection with such acquisition or reorganisation.

Access and correction of personal data
Under the PDPO, you have the right to ascertain whether we hold your personal data, to obtain a copy of the data, and to correct any data that is inaccurate. You may also request us to inform you of the type of personal data held by us. All data access requests shall be made using the form prescribed by the Privacy Commissioner for Personal Data ("Privacy Commissioner") which may be found on the official website of the Office of the Privacy Commissioner or via this link 

https://www.pcpd.org.hk/english/publications/files/Dforme.pdf 

Requests for access and correction of personal data or for information regarding policies and practices and kinds of data held by us should be addressed in writing and sent by post to us (see the "Contact Us" section below). 

A reasonable fee may be charged to offset our administrative and actual costs incurred in complying with your data access requests.

Termination or cancellation
Should your account or relationship with us be cancelled or terminated at any time, we shall cease processing your personal data as soon as reasonably practicable following such cancellation or termination, provided that we may keep copies of your data as is reasonably required for archival purposes, for use in relation to any actual or potential dispute, for the purpose of compliance with applicable laws and regulations and for the purpose of enforcing any agreement we have with you, for protecting our rights, property or safety, or the rights, property or safety of our employees, and for performing or discharging our functions, obligations and responsibilities.

General

If there is any inconsistency or conflict between the English and Chinese versions of this Users Agreement and  Privacy Policy Statement, the English version shall prevail.

Interpretation of the terms in the Users Agreement and Privacy Policy Statement is ulimately vested in Cheung & Co., Solicitors. 

Contact us
By Post:
Administrative Manager
Cheung & Co., Solicitors
Rooms 1001-02
Shanghai Industrial Investment Building
48-62 Hennessy Road, Wanchai
Hong Kong

By Email:
info@aheungco.com.hk



使用協議

在未有簽署正式聘用信之前， 網站使用者仍未是張志宇律師行的客戶。


私隱政策聲明
 	
張志宇律師行明白根據香港法例第486章《個人資料（私隱）條例》（該「《條例》」）其在收集、持有、處理、使用及／或轉移個人資料方面的責任。個人資料的收集只限作合法且相關的用途。我們將會根據本私隱政策聲明使用我們不時所收集閣下的個人資料。 
  
我們定期檢討這項私隱政策聲明，並可能不時加以修訂或加入具體指示、政策及條款。本私隱政策聲明如有任何修訂，將會在我們的網頁看到。閣下繼續使用我們的網站或繼續維持與我們的關係即被視為同意並接受此項私隱政策聲明（不時修訂）。 

如對這項私隱政策聲明或我們如何使用 閣下的個人資料有任何疑問，請通過下文「聯繫我們」所載的任何一個通訊渠道與我們聯繫。 

我們會採取一切實際可行方法確保個人資料的安全，以及避免個人資料在未經授權或意外的情況下被取用、刪除或作其他用途。這包括在實物具體上、技術上及程序上的適當安全措施，確保只有經授權人士才能取用個人資料。 

請注意：如 閣下沒有向我們提供個人資料（或有關 閣下代理人的個人資料），我們可能無法提供 閣下要求的資訊、產品或服務又或無法處理 閣下的要求或申請。

目的
我們或會為了以下目的而不時收集 閣下的個人資料（包括但不限於 閣下的姓名、郵寄地址、電話號碼、電郵地址、出生日期和登入名稱）：
1. 處理 閣下的要求、申請及登記使用我們的產品及服務；
2 向 閣下提供我們的產品和服務，以及與此相關的賬戶管理；
3. 進行研究和統計分析；
4. 進行直接營銷活動；
5. 進行避免利益衝突的審查；及
6. 與上列任何一項有直接關聯的其他目的。

直接營銷
如 閣下沒有明言拒絕，我們可能會使用 閣下的姓名、郵寄地址、電話號碼和電郵地址，用以寄送宣傳資料，就張志宇律師行的服務進行直接營銷活動。 
            
如 閣下不希望收到我們的宣傳和直接營銷資料，或不希望收到某類宣傳和直接營銷資料，又或不希望在某種途徑收到此類材料，請通過下文「聯繫我們」所載的其中一種通訊渠道聯絡我們。為確保可以迅速處理 閣下的要求，請提供 閣下的全名、電郵地址、登入名稱及所訂閱產品及／或服務的詳情。 

身份證號碼
我們也可能會根據適用法律或規例又或任何對我們有管轄權限的監管者的要求而收集並處理 閣下的身份證號碼，另外亦可能因為需要識別 閣下的身份而（在不抵觸該《條例》的前提下）收集並處理 閣下的身份證號碼。

轉移 閣下的個人資料
為了以上一個或多於一個目的，閣下的個人資料可能會被：
1. 交予那些為張志宇律師行提供服務的行政、電訊、電腦、付款、追收欠款、資料處理或其他服務的代理、承判商或第三方；就此，閣下同意將 閣下的個人資料轉離香港；及
2. 轉交予其他人士（收集資料時會通知 閣下）。

我們如何使用cookies
閣下通過我們的網站查閱我們的資訊或服務時，應當留意到網站有使用cookies。Cookies是指儲存在 閣下瀏覽器內的資料檔。閣下進入我們的網站時，網站即在 閣下瀏覽器內自動安裝並使用cookies。我們的網站使用兩種cookies。 

Session Cookies：一種只在 閣下瀏覽我們的網站期間留存於瀏覽器內的短暫性質cookies，用處在於取得並儲存配置資訊及管理網站，包括「攜帶」資訊以隨 閣下瀏覽網站的不同版頁，譬如以免 閣下每到一個版頁也要重新輸入資訊。Session cookies也會用來編備關於我們的網站使用的匿名統計資料。 

Persistent Cookies：一種留存於瀏覽器內較長時間的cookies，用以編備關於我們的網站使用的匿名統計資料，或追蹤和記錄使用者的習慣偏好。 

我們的網站所用的cookies不包含個人資料。閣下可以更改瀏覽器或網路安全軟件中的設定，拒絕接受瀏覽器內的cookies。不過，這樣或會令 閣下不能使用或啟動我們的網站中的某些功能。

法律與法規的遵守
我們或要為了遵守適用法律及規例，或遵守法院指令、傳票或其他法定程序（無論於香港或其他地方），或遵從政府機關、執法機構或類似機構（無論位於香港或其他地方）提出的要求，而必須保留、處理及/或披露 閣下的個人資料。我們或須披露 閣下的個人資料，以履行與 閣下的協議，或保護我們或我們僱員的權利、財產或安全。

公司重組
隨著我們持續發展業務，我們可能會重組架構或出現控制權易手或業務合併。在這些情況下，閣下的個人資料或會按這份私隱政策聲明或另一份私隱政策聲明而移交繼續運營我們業務或類似服務的第三方。此等第三方或在香港以外的地方，就此等收購或重組而使用 閣下個人資料的地點也可能不在香港。

查閱及更正個人資料
根據該《條例》，閣下有權查明我們是否持有 閣下的個人資料、取得資料的備份及更正任何不準確資料，也可以要求我們通知 閣下其持有資料的種類。如欲查閱有關資料，須使用個人資料私隱專員（「私隱專員」）指定的表格（可於私隱專員公署的官方網站下載）或經此連接

https://www.pcpd.org.hk/english/publications/files/Dforme.pdf 提出。 

如欲查閱和更正個人資料，或查閱有關政策與常規以及我們所持有資料種類，應以書面及郵遞形式提出要求（見以下「聯繫我們」）。 

我們或會因應 閣下查閱資料要求而產生的行政及實際成本而收取合理的費用。

終止或取消
任何時候如果 閣下在我們的賬戶或與我們的關係被取消或終止，我們會隨即在合理情況下盡快終止處理 閣下的個人資料，但也可按合理需要而保留有關資料，合理的需要包括：資料歸檔；解決實際或潛在的爭議；遵守適用法律及規例；履行與 閣下的任何協議；保障我們及我們僱員的權利、財產或安全；以及執行或履行我們的職能、義務及責任等。

一般資料

本使用協議及私隱政策聲明的中英文本如有差異，概以英文版為準。

張志宇律師行擁有對本使用協議及私隱政策聲明條文的最終解釋權。

聯繫我們
郵寄：
張志宇律師行
香港灣仔軒尼詩道48-62號
上海實業大廈1001-02室
行政經理

電郵：
info@aheungco.com.hk