129 shall if it is in force at the commencement of

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section 11 of the Deceased's Family Maintenance Ordinance (Cap. 129)) shall, if it is in force at the commencement of this Ordinance or is made by virtue of subsection (3) , continue in force as if it had been made under section 4(1)(a) of this Ordinance, and for the purposes of section 8(7) of this Ordinance the court in exercising its powers under that section in relation to an order continued in force by this subsection shall be required to have regard to any change in any of the circumstances to which the court would have been required to have regard when making that order if the order had been made with reference to the death of any person who died after the commencement of this Ordinance. [cf. 1975 c. 63 s. 26 U.K. ] Non-Contentious Probate Rules 28. Order of priority for grant in case of intestacy Rule 21(4) of the Non-Contentious Probate Rules (Cap. 10 sub. leg.) is amended by repealing the full stop and substituting – ", or is, by virtue of section 3 of the Inheritance (Provision for Family and Dependants) Ordinance 1990 ( of 1990), entitled to apply to the court for an order under section 4 of that Ordinance.". Explanatory Memorandum This Bill enables the court to order that financial provision be made out of the estate of a deceased person for certain members of that person's family and for dependants of that person. The Bill repeals and replaces the Deceased's Family Maintenance Ordinance (Cap. 129) and implements recommendations of the Law Reform Commission made in its Report on the Law of Wills, Intestate Succession and Provision for Deceased Persons' Families and Dependants. Part I 2. Clause 1 gives the short title of the Bill and the date of commencement, and clause 2 is an interpretation provision. 206
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Part II 3. Clause 3 provides that where a person dies domiciled in Hong Kong or having been ordinarily resident in Hong Kong at any time in the 3 years before his death, any of the persons listed in clause 3(1) may apply to the court for an order under clause 4 . Such an application is made on the ground that the applicant has not received reasonable financial provision under the will or intestacy of the deceased. The list of potential applicants is wider than that in the repealed Deceased's Family Maintenance Ordinance and includes – (a) an illegitimate child of the deceased; (b) a person treated by the deceased as a child of his family; and (c) a person who, immediately before the death of deceased, was being maintained by the deceased. 4. Clause 4 lists the types of order that a court may make in favour of an applicant. The types of order set out in clause 4 (1)(c), (d) and (e) were not possible under the repealed Ordinance. 5. Clause 5 sets out the matters to which the court is to have regard in exercising its powers under clause 4 . Subclause (1) lists the matters which are relevant in all cases, and subclauses (2) to (5) specify additional matters which are relevant to particular categories of applicant.
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