### Intestates’ Estates Ordinance 《無遺囑者遺產條例》

3. Valid marriage
For the purposes of this Ordinance, valid marriage (有效婚姻) means—

(a) a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance (Cap. 181);
(b) a modern marriage validated by the Marriage Reform Ordinance (Cap. 178);
(c) a customary marriage declared to be valid by the Marriage Reform Ordinance (Cap. 178);
(d) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed.

3A. Presumption concerning illegitimate person
(1) For the purposes of this Ordinance, an illegitimate person is presumed not to have been survived by his father, or by any person related to him only through his father, unless the contrary is shown. [cf. 1987 c. 42 s. 18(2) U.K.]
(2) The presumption in subsection (1) does not apply to a person who—
(a) is a legitimated person within the meaning of section 2 of the Legitimacy Ordinance (Cap. 184);
(b) is deemed to be or treated as legitimate, under the Legitimacy Ordinance (Cap. 184);
(c) is an adopted person under—
(i) an adoption order made under the Adoption Ordinance (Cap. 290);
(ii) any adoption recognized as valid by the law of Hong Kong;
(d) is otherwise treated in law as legitimate. [cf. 1987 c. 42 s. 1(4) U.K.]
(Added 17 of 1993 s. 19)

### Intestates’ Estates Ordinance 《無遺囑者遺產條例》

4A. Judicially separated spouses not entitled to claim in intestacy of each other
(1) If while a decree of judicial separation is in force and the separation is continuing either of the parties whose marriage is the subject of the decree dies after 1 July 1972 intestate as respects all or any of his or her real or personal property, the property of that party as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.
(2) Notwithstanding anything in section 5(a) of the Separation and Maintenance Orders Ordinance (Cap. 16), a provision in force in an order made, or having effect as if made, under that section that a party to a marriage be no longer bound to cohabit with the other party to the marriage shall not have effect as a decree of judicial separation on the ground of cruelty for the purposes of this section.
(Added 39 of 1972 s. 33)[cf. 1970 c. 45 s. 40 U.K.]

### Intestates’ Estates Ordinance 《無遺囑者遺產條例》

6. Powers of personal representatives in respect of sums payable to surviving husband or wife
The personal representatives may raise—
(a) the net sum payable under section 4(3) or (4) to the surviving husband or wife of the intestate or any part of that sum and the interest upon it on the security of the whole or any part of the residuary estate of the intestate (other than the personal chattels), so far as that estate may be sufficient for the purpose or that sum and interest upon it may not have been satisfied by an appropriation under the statutory power available in that behalf; and
(b) in like manner, the amount, if any, properly required for the payment of the costs of the transaction.
(Replaced 57 of 1995 s. 5)[cf. 1925 c. 23 s. 48(2) U.K.]

7. Right of surviving spouse to acquire residence
Schedule 2 shall have effect for enabling the surviving husband or wife of an intestate to acquire the premises in which the surviving husband or wife was residing at the time of the intestate’s death.
(Replaced 57 of 1995 s. 5)[cf. 1952 c. 64 s. 5 U.K.]

### Intestates’ Estates Ordinance 《無遺囑者遺產條例》

8. Application to cases of partial intestacy
(1) Where any person dies leaving a will effectively disposing of part of his property or any interest therein, this Ordinance shall have effect as respects the part of his property not so disposed of subject to the provisions contained in the will and subject further to the following modifications— (Amended 57 of 1995 s. 6; E.R. 6 of 2019)
(a) where the deceased leaves a husband or wife who acquires any beneficial interests under the will of the deceased (other than personal chattels specifically bequeathed) 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 as references to the said sum diminished by the value at the date of death of the said beneficial interests, and to interest on that sum as so diminished and, accordingly, where the said value exceeds the said sum, this Ordinance shall have effect as if references to the said sum, and interest thereon, were omitted; (Amended 57 of 1995 s. 6)
(b) the requirements of section 5 as to bringing property into account shall apply to any beneficial interests acquired by any issue of the deceased under the will of the deceased, but not to beneficial interests so acquired by any other person.
(2) References in subsection (1) to beneficial interests acquired under a will shall be construed as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment, but not of a special power of appointment.
(3) For the purposes of subsection (1), the personal representatives shall employ a duly qualified valuer in any case where such employment may be necessary. (Amended E.R. 6 of 2019)
[cf. 1925 c. 23 s. 49 U.K.]

### Intestates’ Estates Ordinance 《無遺囑者遺產條例》

8A. Application where surviving spouse or other person acquires an interest under foreign law
(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.
(Added 57 of 1995 s. 7)

9. Personal representative trustee of residuary estate
Subject to his rights and powers for the purposes of administration, the personal representative of any person dying intestate shall be a trustee for the persons beneficially entitled under this Ordinance in respect of the residuary estate of the deceased unless it appears from the will, if any, of the deceased that he is to take the residuary estate beneficially.
(Amended E.R. 6 of 2019)[cf. 1830 c. 40 s. 1 U.K]