2 for the purposes of paragraph a of the definition

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(2) For the purposes of paragraph (a) of the definition of "net estate" in subsection (1) a person who is not of full age and capacity shall be treated as having power to dispose by will of all property of which he would have had power to dispose by will if he had been of full age and capacity. 183
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(3) Any reference in this Ordinance to provision out of the net estate of a deceased person includes a reference to provision extending to the whole of that estate. (4) Any reference in this Ordinance to remarriage or to a person who has remarried includes a reference to a marriage which is by law void or voidable or to a person who has entered into such a marriage, as the case may be, and a marriage shall be treated for the purposes of this Ordinance as a remarriage, in relation to any party thereto, notwithstanding that the previous marriage of that party was void or voidable. (5) Any reference in this Ordinance to an order or decree made under the Matrimonial Causes Ordinance (Cap. 179) or under any section of that Ordinance shall be construed as including a reference to an order or decree which is deemed to have been made under that Ordinance or under that section thereof, as the case may be. PART II APPLICATIONS AND ORDERS FOR FINANCIAL PROVISION 3. Application for financial provision from deceased's estate (1) Where after the commencement of this Ordinance a person dies (a) domiciled in Hong Kong; or (b) having been ordinarily resident in Hong Kong at any time in the 3 years immediately preceding his death, and is survived by any of the following persons – (i) the wife or husband of the deceased; (ii) a former wife or former husband of the deceased who has not remarried; (iii) a tsip or male partner of the deceased by a union of concubinage; (iv) a parent of the deceased; (v) a child of the deceased; (vi) any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, 184
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was treated by the deceased as a child of the family in relation to that marriage; (vii) any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased, that person may apply to the court for an order under section 4 on the ground that the disposition of the deceased's estate effected by his will or the law relating to intestacy, or the combination of his will and that law, is not such as to make reasonable financial provision for the applicant. (2) In this Ordinance "reasonable financial provision" – (a) in the case of an application made – (i) by virtue of subsection (1)(i) by the husband or wife of the deceased (except where the marriage with the deceased was the subject of a decree of judicial separation and at the date of death the decree was in force and the separation was continuing); or (ii) by virtue of subsection (1)(iii) by a tsip or male partner of the deceased by a union of concubinage, means such financial provision as it would be reasonable in all
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