As at today there are 146 wills deposited in the land

Info icon This preview shows pages 39–42. Sign up to view the full content.

View Full Document Right Arrow Icon
As at today there are 146 wills deposited in the Land Office under Section 22 of the Land Registration Ordinance." 5.4 On general grounds the Commission does not favour the concept of wills registration. In our view a will concerns private family matters. Their deposit and registration would add an unwanted dimension of officialdom, and lessen their confidentiality. Nor should testators be frustrated in their inherent right to spontaneously alter a will. Recommendation 5.5 For the policy reasons given above we do not think wills should be registrable. Nor are we persuaded that the expense of provision for registration of wills would be justified in the light of the satisfactory working of an informal scheme operated by the Law Society of Hong Kong whereby the names of deceased clients are circulated by the Law Society to all members with a request for information concerning wills executed by those clients. Moreover, we recommend that the Land Registration Ordinance be amended so that it no longer applies to wills that have not been granted probate. 31
Image of page 39

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Chapter 6 International wills _______________________ The UK provisions 6.1 Sections 27 and 28 of, and the Second Schedule to the Administration of Justice Act 1982 incorporate into English law the provisions of the Convention on International Wills concluded at Washington on 26 October 1973. The United Kingdom became a signatory to the Convention on 10 October 1974 but to date has not ratified it. The object of the Convention was to provide a form of will which, if complied with, would be valid regardless of where it was made or where the deceased's assets were, or what his domicile, residence or nationality might have been. 6.2 Sections 27 and 28 of the AJA and of the Second Schedule are set out in Annexure 3. The form of an "international will" is spelled out in the Annex to the Convention and this is set out in the Second Schedule to the AJA which is reproduced in Annexure 3. Recommendation 6.3 Incorporating this Convention into the law of Hong Kong might indeed facilitate the granting of probate of the wills of Hong Kong inhabitants with assets in different jurisdictions and it would not affect the validity of any will made in a different way in accordance with existing Hong Kong law, despite non-compliance with the requirements for international wills. It provides an additional and saving facility which should be welcomed and we recommend it be incorporated into the law of Hong Kong. (Note: if provisions incorporating the Convention are introduced there should also be a reference thereto in section 5, e.g. "subject to section , no will shall be valid ...".) 32
Image of page 40
Part II - THE LAW OF INTESTATE SUCCESSION Chapter 7 Intestate succession: Introduction _______________________________________________________ Intestate succession terms of reference 7.1 The terms of reference in relation to intestate succession are wide. The Commission is asked generally whether the existing law is satisfactory, or whether any changes are necessary or desirable. The Commission is also asked whether the existing law which provides for the separate devolution of certain land in the New Territories is satisfactory.
Image of page 41

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 42
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern