Obtaining Grant of Probate (Death with a Will) v.s. Obtaining Grant of Letters of Administration (Death without a Will, i.e. Intestate)
Obtaining Grant of Probate (Death with a Will) v.s. Obtaining Grant of Letters of Administration (Death without a Will, i.e. Intestate)
Choosing a subtopic
- After-death arrangements
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Personal Injuries
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Injured persons
- What are personal injuries?
- When can I make a claim for personal injury?
- How to make a claim for personal injuries?
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Legal procedures involved in personal injury proceedings
- 1. Letter before Action (plaintiff) and Constructive Reply (defendant)
- 2. Writ of Summons
- 3. Statement of Claim
- 4. Statement of Damages
- 5. Defence
- 6. Certificate (fee arrangement)
- 7. Statement of Truth
- 8. Protocol for Commissioning Expert Reports
- 9. The Check List Review and Case Management Questionnaire
- 10. Case Management Conference
- 11. Pre-Trial Review
- Is there a time limit for filing a personal injury claim?
- How much could my claim be worth?
- Can I apply for Legal Aid for my personal injury claim?
- Law Society Emergency Free Legal Helpline for Tai Po Tragic Fire
- Do not engage recovery agents to handle your claims
- Families of Deceased
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Injured Employees
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Work-related injuries and the relevant compensations
- Liabilities on Compensations
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Compensation Items
- My spouse died of an accident that happened during his work. What compensation is payable to me or my family members?
- I was injured and disabled due to an accident that happened during my work. What compensation is payable to me or my family members?
- Besides the above-mentioned compensations, am I entitled to other payments (e.g. medical expenses) for my work injury?
- Report on work injuries or related accidents
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Other matters on work injuries
- What are the arrangements for paying compensation?
- If I cannot settle the work injury compensation matters with my employer amicably, then what is the time limit for bringing my case to the Court?
- If I am not satisfied with the amount of compensation granted according to the ECO, or I think that my employer has wrongfully neglected the safety measures, then can I claim more?
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Work-related injuries and the relevant compensations
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Injured persons
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Insurance
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Life Insurance
- The insured person has disappeared for several years. Can the beneficiary submit a claim for the death benefit under the relevant life insurance policy?
- Will medical reports issued by traditional Chinese medical practitioners be accepted by an insurance company when processing claims?
- If my insurance policy has lapsed and I try to "reinstate" my policy by paying the premiums again, can I submit any claims to the insurance company at this stage?
- I have taken out several life insurance policies covering the same risk (on the life of the same person), can I claim for the death benefit under ALL life insurance policies?
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Medical Insurance
- Will medical reports issued by traditional Chinese medical practitioners be accepted by an insurance company when processing claims?
- I have taken out several insurance policies covering the same risk (e.g. hospital confinement or household damage). Can I claim for the sum insured under ALL policies or just the actual expenses/losses only?
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Accident or Personal Injury Insurance
- What is the general meaning of "accidental injury"? If I was injured but did not have a visible bruise or wound, can I still submit a claim for such an injury?
- What are the general meanings of "permanent disability" and "temporary disability"? I received a lump sum from an insurance company due to a permanent disability but surprisingly recovered two years later. Can the insurance company ask me to refund part of its previous payment?
- If I have received compensation from personal injury litigation against the wrongdoer, will it be used to set off part of my claim from my insurance policy?
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Insurance against Damage or Loss of Property
- If my home and the furniture inside are damaged, will the insurance company compensate me for the full value of my property? Will the insurance company make a professional valuation or estimation before effecting payment?
- I am an owner of a flat inside a building that has coverage for third party liability. Can I escape from all liability if visitors or occupiers were injured in an accident inside the building?
- I am not satisfied with the compensation and the conduct of my agent/insurance company. Shall I settle the dispute in court, or approach other organizations? Do the courts or other organizations impose a limit on the amount of any claim in each case?
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Specific to the Tai Po Fire
- What types of insurance policies could cover losses resulting from the fire? What types of losses could be covered?
- What should I do immediately after the fire to protect my rights under the insurance policy?
- How soon after the fire must I notify the insurer, and what happens if I report the claim late?
- What are the application procedures for claiming compensation for the insurance company?
- What documentation do I need to support my claim?
- Can I make emergency repairs before the insurer inspects the property, or will that affect my claim?
- If both the landlord and tenant have separate home insurance policies, how is liability and coverage allocated between them for the same fire incident?
- If I am covered under both my own home insurance and the building’s master insurance, how is double insurance handled in practice?
- If the building's Incorporated Owners had building insurance, is the landlord or the tenant entitled to a share of that insurance payout, and how is it distributed among all affected people?
- If my business is operated from home, can I recover business interruption losses under my home insurance, or do I need business interruption insurance?
- Does my mortgage agreement include any clause regarding “total loss” of the property, and how does that affect my obligations?
- Does my mortgage require me to keep fire insurance (also known as building insurance) on the property, and will that insurance cover a total loss?
- Can fire insurance compensation be directly used to offset mortgage repayments?
- Am I allowed to receive any part of the payout directly, or must all claim payments be made to the mortgagee bank first?
- If the bank receives the insurance proceeds first, are they obligated to apply those funds toward repair/reconstruction, or can they choose to reduce/settle the mortgage debt instead?
- If my mortgage bank has its own insurance interest in the property, how does that affect the payout, and who receives it first?
- If I still have an outstanding mortgage, how will the insurance payout be divided between me and the bank, and will I remain responsible for any remaining balance?
- If the compensation made by the insurance company and the responsible party is insufficient to cover the outstanding mortgage balance, will I remain personally liable for the remaining debt?
- What are the most common reasons insurers refuse to pay fire damage claims?
- What internal complaint or appeal procedures are available if I disagree with the insurer’s assessment or payout amount?
- What role does the loss adjuster play, and how much influence do they have on the payout?
- Can I appoint my own loss adjuster or surveyor to challenge the insurer’s assessment, and who pays for that?
- If I accept a partial settlement from the insurer, does that prevent me from disputing the remaining amount later?
- Will pursuing insurance claims affect or reduce my ability to sue the contractor or others later?
- If the insurance payout does not fully compensate for my loss, am I entitled to pursue a civil claim against the party responsible for the damage?
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Life Insurance
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Probate
- Preliminary issues to be considered (with or without a Will)
- What are the differences between an estate with a Will and an estate without a Will (in relation to the Grant of Representation)?
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Obtaining Grant of Probate (Death with a Will) v.s. Obtaining Grant of Letters of Administration (Death without a Will, i.e. Intestate)
- Death registration
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Searching for a Will and gaining access to the deceased's safe deposit box in a bank
- How to get access to the deceased's safe deposit box in a bank?
- When and how can the executor/administrator remove the items inside the deceased's safe deposit box at a bank?
- How to collect and to take inventory of the deceased's personal belongings if they are not kept inside the deceased's safe deposit box at the bank?
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Grant of Probate
- Eligibility
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Procedures
- Can probate be applied for if the Will is lost and there are no available copies of the Will?
- Can probate be applied for if the original Will is lost and there is only a copy of the Will?
- If a person (other than the executor) keeps the Will and refuses to give it to the executor, what can the executor do?
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Letters of Administration (in case of intestacy)
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Eligibility
- The person entitled to the Letters of Administration in priority is missing or refuses to apply for the Letters of Administration. Can another person apply for it? What does he need to do?
- My father’s cousin died without a will. He was unmarried and had no children. His siblings do not want to apply for the Letters of Administration due to their old age. Can my father or I apply for the Letters of Administration?
- Procedures
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Eligibility
- Letters of Administration (with Will annexed)
- Special Grant
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FAQ
- Is there a time limit to apply for a Grant of Probate or Letters of Administration?
- If the applicant subsequently finds more assets of the deceased after submitting the documents to the Probate Registry, what should he/she do?
- If the value of the deceased’s estate does not exceed $50,000, will the application procedure be different?
- What happen if the value of the estate exceeds $50,000 but does not exceed $150,000?
- How does one avoid intermeddling of the estate (handling the estate without permission) after abolition of the Estate Duty?
- The executor is missing or refuses to take up the appointment. Can another person apply for a Grant? What does he need to do?
- What are citations and caveats to a Will?
- What can be done if the Will is found after the Letters of Administration is granted?
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Administration of Estate
- Payment of Debts and Funeral Expenses
- What property constitutes assets?
- Powers of the Personal Representatives in Dealing with the Assets
- Distribution of Assets
- Duty to Account
- Duty of Not to Waste and Duty as a Fiduciary
- Liabilities Towards Third Parties
- Remuneration
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FAQ
- What if the estate includes a business?
- If the deceased made no Will, how can the relevant estate be distributed?
- Can a surviving spouse acquire the matrimonial property?
- Can a beneficiary refuse to take up the entitlement to an estate?
- Is there a time limit for the distribution of the estate?
- What is a deed of family arrangement? When to use it?
- The allocation of estate has been clearly set out in a Will. Can this prevent all the disputes which may come out during the distribution process?
- If the deceased had a credit card debt, should the intended personal representative clear the debt first or apply for a grant of probate/letter of administration first?
- If there are two personal representatives, can one of them deal with the estate alone?
- If I am a beneficiary under intestacy or under a previous will, or if I have reasons to believe that I am a beneficiary under the latest will, can I ask the executor under the latest will to disclose to me the contents of the will? If the executor refuses to do so, what can I do?
- If the personal representative fails to administer the estate properly, what can the beneficiary do?
- If the personal representative fails to pay off the deceased’s debts before distribution, will he or she be personally liable for the debts?
- Can the executor/administrator initiate a litigation to recover assets of the estate?
- Is the personal representative personally liable for the costs arising out of the litigation in relation to the deceased's estate?
- What if there are no beneficiaries to distribute to? E.g. what if all the beneficiaries under the will have predeceased the deceased and have left no issue, and the deceased has no surviving families under the laws of intestacy?
- Inheritance (Provision for Families and Dependants) Ordinance
- Videos for reference
- Death Inquest
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Police Investigations and Criminal Proceedings
- How can I assist the police investigation?
- What evidence do I need to keep?
- Am I required to give a police statement? What legal rights, protections, and limitations do I have during the statement-taking process?
- If certain questions from the police or court make me uncomfortable or touch on traumatic experiences, do I have the right to refuse to answer?
- If a suspect is prosecuted, am I required to testify in court?
- As a witness, what support will I receive?
- As the victim or a family of a deceased person, what rights do I have in criminal proceedings?
- How long will the entire criminal proceedings take?
- Does the construction company bear criminal liability?
- What is manslaughter?
- What is corruption?
- If I would like to report corruption, what should I do?
- Can I seek compensation through criminal proceedings?
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