### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

17. Restriction imposed in divorce proceedings, etc. on application under this Ordinance
(1) On the grant of a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter the court, if it considers it just to do so, may, on the application of either party to the marriage, order that the other party to the marriage shall not on the death of the applicant be entitled to apply for an order under section 4.
(2) In the case of a decree of divorce or nullity of marriage an order may be made under subsection (1) before or after the decree is made absolute, but if it is made before the decree is made absolute it shall not take effect unless the decree is made absolute.
(3) Where an order made under subsection (1) on the grant of a decree of divorce or nullity of marriage has come into force with respect to a party to a marriage, then, on the death of the other party to that marriage, the court shall not entertain any application for an order under section 4 made by the first-mentioned party.
(4) Where an order made under subsection (1) on the grant of a decree of judicial separation has come into force with respect to any party to a marriage, then, if the other party to that marriage dies while the decree is in force and the separation is continuing, the court shall not entertain any application for an order under section 4 made by the first-mentioned party.

[cf. 1975 c. 63 s. 15 U.K.]

17A. Restriction imposed in proceedings under Matrimonial Proceedings and Property Ordinance on application under this Ordinance
(1) On making an order under section 29AG of the Matrimonial Proceedings and Property Ordinance (Cap. 192), the court, if it considers it just to do so, may, on the application of either party to the marriage, order that the other party to the marriage is not on the death of the applicant entitled to apply for an order under section 4.
(2) If an order under subsection (1) has been made with respect to a party to a marriage that has been dissolved or annulled, then, on the death of the other party to that marriage, the court must not entertain an application under section 4 made by the first-mentioned party.
(3) If an order under subsection (1) has been made with respect to a party to a marriage the parties to which have been legally separated, then, if the other party to the marriage dies while the legal separation is in force, the court must not entertain an application under section 4 made by the first-mentioned party.
(Added 20 of 2010 s. 16)

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

18. Variation and discharge of secured periodical payments orders made under Matrimonial Proceedings and Property Ordinance
(1) Where an application for an order under section 4 is made to the court by any person who was at the time of the death of the deceased entitled to payments from the deceased under a secured periodical payments order made under the Matrimonial Proceedings and Property Ordinance (Cap. 192), then, in the proceedings on that application, the court shall have power, if an application is made under this section by that person or by the personal representative of the deceased, to vary or discharge that periodical payments order or to revive the operation of any provision thereof which has been suspended under section 11 of that Ordinance.
(2) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any order which the court proposes to make under section 4 or 7 and any change (whether resulting from the death of the deceased or otherwise) in any of the matters to which the court was required to have regard when making the secured periodical payments order.
(3) The powers exercisable by the court under this section in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order.

[cf. 1975 c. 63 s. 16 U.K.]

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

19. Variation and revocation of maintenance agreements
(1) Where an application for an order under section 4 is made to the court by any person who was at the time of the death of the deceased entitled to payments from the deceased under a maintenance agreement which provided for the continuation of payments under the agreement after the death of the deceased, then, in the proceedings on that application, the court shall have power, if an application is made under this section by that person or by the personal representative of the deceased, to vary or revoke that agreement.
(2) In exercising the powers conferred by this section the court shall have regard to all the circumstances of the case, including any order which the court proposes to make under section 4 or 7 and any change (whether resulting from the death of the deceased or otherwise) in any of the circumstances in the light of which the agreement was made.
(3) If a maintenance agreement is varied by the court under this section the like consequences shall ensue as if the variation had been made immediately before the death of the deceased by agreement between the parties and for valuable consideration.
(4) In this section maintenance agreement (贍養協議), in relation to a deceased person, means any agreement made, whether in writing or not and whether before or after the commencement* of this Ordinance, by the deceased with any person with whom he entered into a marriage, being an agreement which contained provisions governing the rights and liabilities towards one another when living separately of the parties to that marriage (whether or not the marriage has been dissolved or annulled) in respect of the making or securing of payments or the disposition or use of any property, including such rights and liabilities with respect to the maintenance or education of any child, whether or not a child of the deceased or a person who was treated by the deceased as a child of the family in relation to that marriage.

[cf. 1975 c. 63 s. 17 U.K.] Editorial Note:
* Commencement date: 3 November 1995.

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

20. Availability of court’s powers under this Ordinance in applications under sections 11 and 16 of the Matrimonial Proceedings and Property Ordinance
(1) Where—
(a) a person against whom a secured periodical payments order was made under the Matrimonial Proceedings and Property Ordinance (Cap. 192) has died and an application is made under section 11(6) of that Ordinance for the variation or discharge of that order or for the revival of the operation of any provision thereof which has been suspended; or
(b) a party to a maintenance agreement within the meaning of section 14 of that Ordinance has died, the agreement being one which provides for the continuation of payments thereunder after the death of one of the parties, and an application is made under section 16(1) of that Ordinance for the alteration of the agreement under section 15 thereof,
the court shall have power to direct that the application made under the said section 11(6) or 16(1) shall be deemed to have been accompanied by an application for an order under section 4 of this Ordinance.
(2) Where the court gives a direction under subsection (1) it shall have power, in the proceedings on the application under the said section 11(6) or 16(1), to make any order which the court would have had power to make under this Ordinance if the application under the said section 11(6) or 16(1), as the case may be, had been made jointly with an application for an order under section 4 of this Ordinance; and the court shall have power to give such consequential directions as may be necessary for enabling the court to exercise any of the powers available to the court under this Ordinance in the case of an application for an order under section 4 of this Ordinance.
(3) Where an order made under section 17(1) is in force with respect to a party to a marriage, the court shall not give a direction under subsection (1) with respect to any application made under the said section 11(6) or 16(1) by that party on the death of the other party.

[cf. 1975 c. 63 s. 18 U.K.]