|73||Title:||INTESTATES' ESTATES ORDINANCE||Gazette Number:|
|Section:||8A||Heading:||Application where surviving spouse or other person acquires an interest under foreign law||Version Date:||30/06/1997|
(1) Where the intestate leaves a husband or wife who acquires under the law of intestacy or of partial intestacy of a place other than Hong Kong any beneficial interests in the intestate's estate, subsection (2) applies to that estate.
(2) The references in this Ordinance to the net sum payable to a surviving husband or wife, and to interest on that sum, shall be taken to be references to the net sum diminished by the value at the date of death of the beneficial interests referred to in subsection (1), and to interest on that sum as so diminished and, accordingly, where the value of those beneficial interests exceeds the net sum, this Ordinance shall have effect as if references to the net sum, and interest on that sum, were omitted.
(3) Where under this Ordinance the residuary estate of an intestate, or any part thereof, is directed to be held on trust, or on statutory trust, for persons other than the husband or wife of the intestate, the value at the date of death of the beneficial interests specified in subsection (4) that is acquired by any of such persons shall be taken as being paid or settled in or towards satisfaction of the entitlement of that person and shall be brought into account in accordance with the requirements of the personal representatives.
(4) The beneficial interests for the purpose of subsection (3) are those acquired under the law of intestacy or of partial intestacy of a place other than Hong Kong in the intestate's estate.
(5) For the purposes of subsections (2) and (3), the personal representatives shall employ a duly qualified valuer in any case where such employment may be necessary.