Notice for Hongkong's inheritance procedures and should pay attention to the problem of the

 

Justice Department lawyers notary work guidance department issued on the Chinese legal services (Hongkong) Co., Ltd. "notice for Hongkong's inheritance procedures and should pay attention to the problem of the"

City Judicial Department of every province, autonomous region, municipality directly under the central government (bureau), Changan notary public office:

After the return of Hongkong, the mainland and Hongkong closer ties, involving both inheritance matters is also increasing, in order to provide legal services for a client, specification of Hong Kong Heritage notary business, we will China legal services (Hongkong) Co. Ltd. offers "on to Hongkong's inheritance procedures and should pay attention to the problem the" issued to you, please forward various notary office, the Hong Kong Heritage for reference when inheriting notarization. China legal services (Hongkong) Co. Ltd is a legal service office in the Justice Department set up in Hongkong, specialized management agencies and personnel in Hongkong and the mainland's inheritance, notary departments to handle the relevant matters concerning Hong Kong notarization can contact (Chinese legal services (Hongkong) Limited company address: Hongkong 95 Queensway unity Center 32 floor B room telephone: (852) 28279700).

 

 

For Hongkong's inheritance procedures and some problems that should be introduced

 

 

A Hongkong, provisions on Inheritance and procedure of Hongkong heritage is responsible for processing by the high court heritage management office. The following procedures shall be observed:

 

 

1 for the proof of death. If the deceased in the mainland of death are required to provide notarized certificate after death.

 

The 2 survey was left with the property. Include the name of the real estate property records and value, in the deposit interest and the safe bank property, held by the listing Corporation and the Private Companies's stock and the value of debt, and the debt.

 

3 to declare and pay tax. According to the date of death to the Hongkong Tax Bureau Tax Agency declared deceased estate situation. A detailed list of the heritage by the applicant submit heritage oath. According to the laws of Hongkong, died after the beginning of 1982, the heritage of less than two million, do not pay taxes; heritage of the two million to two million five hundred thousand pay 10% of taxes; heritage of the three million to three million five hundred thousand pay 14% of taxes; heritage of the three million five hundred thousand to four million to pay 16% of the tax payment; heritage of more than four million pay 18% of taxes; the deceased lived in apartment left spouses, exempt from inheritance tax; the donation to public charities would also be tax exempt; the dead died within three years of all gifts (except overseas gifts outside) are included in the heritage, needs to pay taxes; the deceased and others condominium property, although in the dead before his death has been automatically transferred to the common people, must pay taxes, but with the property purchase investment proportion and decided to pay taxes amount; the dead has a transfer of property, if still retain control, are also included in the heritage category; the dead all debt in Hongkong, from property tax and tax deduction, and then make a decision. The funeral expenses limited to deduct HK $ten thousand.

 

Real property tax, can be divided into eight years to pay, pay once every half a year, if the deceased died within twelve months after the Contractor does not declare taxes and interest to the inheritance tax agency, by the heritage officer regarded procrastination reasons not reasonable, and decide whether to double pay the penalty. If the deceased and beneficiary died in five years, its property and business should pay tax discretion to reduce. Heritage in the amount of taxes can be obtained under the exemption, tax department issued a certificate of exemption from estate duty and list; if the heritage of over pay tax exemption, the tax department will issue a notice of tax payment, the applicant right of inheritance tax, inheritance tax department will issue the list has been paying inheritance tax certificate and heritage. In any case, the tax department can to the administrator to recover the deceased owed an income tax or income tax.

 

4 applications to the high court to undertake and verification.

 

(1) the official contractor the application for grant conditions: A. dead in Hongkong is no will, no heir, but heritage; B. the dead have heritage in Hongkong, but no will, and heir asked the official contractor contractor; C. the dead have heritage in Hongkong, but no left wills, and heir did not apply to within twelve months; D. died without a will, but there is a heritage in Hongkong, while living in Hongkong's heir underage; e. if the deceased, and executor refused, as no wills; F. official contractors to complete heritage accounts, to provide the file copy to parties, and fee (the first one thousand yuan by 5% charge, four thousand yuan by 2.5%, the remainder by 1% charge.)

 

(2) other contractors conditions. Contractor shall not exceed four, if handled by the natural person to apply for only one person; if the host heritage relates to the rights and interests of minors, or the Beneficiary only in the rest of one's life rights is the undertaker shall not be less than two; but the undertaker if belonging to the trust company, it can be executed. Testamentary succession, testamentary executor of death, by the executor executors continue to perform its task; if you do not specify the executor, or execute people before the testator died, or executor refused, heir may apply to host, but by will execute. In some cases by the court may also appoint contractors, or approved contractors.

 

(3) the power and responsibility Undertaker: A. contractors shall have the right to replace the prosecution; B. sponsor has the right to sell, transfer, mortgage of estate of the deceased; C. operators in the loyal service without charge heritage loss; D. contractors can fee; e. contractors for the trustee, if the purchase of heritage, the beneficiary has the right to overthrow, but if the price is reasonable or pay except the beneficiary; F. does not lead to unauthorized disposal of the dead heritage, and undertake legal liability for the same.

 

(4) to apply to the court for the host file: a. the applicant as a legal administrator oath, the oath should prove the identity of the deceased, who is the inheritance, there is no will, and to ensure that law enforcement; B. witness proof of relationship with the oath, the mainland applicants need to provide proof of notarization the relationship between the applicant and the death certificate of the deceased; C.; D. inheritance tax has been paid or to be the original proof of tax exemption, and attach the inheritance tax agency approved by the estate of the deceased list; e. if the applicant is not the only beneficiary, heritage officer has the right to ask for one or more sureties, to ensure that the contractor in accordance with the law service.

 

(5) the heritage value less than HK $fifty thousand, the applicant may apply for the tax department issued in the tax exemption certificate, direct and high court for simple undertaking.

 

5 from the estate of the deceased. The undertaker after receiving the heritage management certificate or a book to the high court for verification, by these documents to the relevant bank to receive the principal and interest of loans and insurance box under the name of the relics, handle the property transfer registration procedures at the land office, go through the relevant stock, dividends and bonus issues, to register and sell stock, can for real estate, stock, gold.

 

Processing and distribution of 6 heritage. In the liquidation of the debt owed by the deceased, paid funeral expenses and undertake the cost expenditure, in accordance with the provisions of the decedent's will or will not statutory succession, remaining part of the heritage and distributed to the legitimate beneficiary.

 

 

Without a legitimate heir two, stipulated in the laws of Hongkong

 

 

1 of the dead only a spouse, and no children, parents and siblings, nephews and nieces, nephews, nieces, the estate of the deceased spouse to inherit all by.

 

2 the dead have spouses and children are, regardless of their parents and siblings living, the estate of the deceased first set aside fifty thousand together with interest calculated by 5%, from the death of the deceased, division of property on the date, the spouse's succession; half of the rest of the spouse, children, the average distribution of the other half.

 

3 of the dead only a spouse, no children, spouse first inherited two hundred thousand together with interest calculated by 5%, from the death of the deceased date to the division of property; half of the rest of the spouse, the other half by the deceased parents average inheritance; the parents are dead, the average inherited by the brothers or sisters or their children.

 

4 the only child and non spouse, average inherited by their children.

 

5 the only parents without children, the average inheritance by their parents.

 

6 of the deceased without a spouse, children, parents, their heritage distribution is as follows: first by the dead have brothers or sisters or their children inheritance; if no siblings, nephews, inherited by his grandparents; if no grandparents, inherited by the brothers and sisters.

 

7 if all of the above has died, his estate seized by a government; but if there is any rely on the support of people, the government may set aside part of heritage to this person.

 

 

Three, according to the laws of Hongkong grant priority dies intestate or will die delay executor, Hongkong law the provisions of the right to the Hongkong high court for the dead people priority inheritance:

 

 

1 of the deceased spouse or before October 7, 1971 in the Hongkong national concubine.

 

2 the legitimate children (including the deceased before October 7, 1971 in Hongkong concubinage children born prior to the death) or children's children.

 

3 of the dead father or mother.

 

Brothers and sisters or brothers and sisters before the death of 4 dead children.

 

 

Four, in Hongkong for inheritance should pay attention to the problem

 

 

1 should seek truth from facts, objective and impartial issued the certificate. In recent years, in the process of Hongkong heritage, there were several a succession issues issued at the same time with different contents of notarization from the mainland several notary offices, some therefore led to litigation. In order to avoid a similar situation, heir involves two or more notarial office, by a notary office based management, at the same time, the notary office shall strengthen the undertaker's contact with the heritage of Hongkong, according to the provisions and the undertaker's request, issued the certificate of.

 

2 to timely cleaning the belongings of the dead. For inheritance has a time in Hongkong, to declare tax to the inheritance tax agency, must be completed within a year, otherwise it will as the case may be doubled fines or collection of overdue interest.

 

Issued by the notary office of the notary Book 3 format and content shall be in accordance with Hongkong for succession needs. Because of the difference of the mainland and Hongkong's legal system, in the process of Hongkong heritage, there will inevitably be a breakthrough certificate format and content of the phenomenon, therefore, should strengthen the request, as long as it does not violate the principle, as far as possible according to the heritage contractor requirements.