Probate costs in hongkong

My dad left a property in hongkong without a will. He passed away last 2007. At the time of his death, The property was being managed by his nephew through a special power of attorney. My dad also had a concubine. I would like to know who can file for the Administrator and/or the Grant? Is the concubine eligible to file for these? Can the spouse assign another person (one of the children, the nephew who used to manage the property) to file for the application of the administrator and/or the grant? what is the difference between Administrator and Grant? How long would these processes take? How much are the probate fees? Would it be more advisable if we consult a solicitor? How much do they usually charge for handling such cases? Thank you.

Any reply fr. Weir & Assoc? Any input will be very much appreciated esp. Regarding who's eligible to file for the grant of letter of administration and the Solicitors' and probate fees. Thanks in advance.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


Concubinage has not been legally recognized in Hong Kong since 1971. Having said that, the Intestates’ Estates Ordinance protects the rights of succession of concubines where the union was entered into before 7th October 1971, i.e. the relationship of tsip (i.e. second wife/third wife etc.) commenced before that date. If that is the case, the concubine is eligible to file an application. The spouse and the children of the family obviously are entitled to file an application for the Grant. There are mainly two types of Grant namely the Grant of Probate and the Grant of Letters of Administration. Since your father left no will, the Probate Registry will by the grant of Letters of Administration appointing the applicant as administrator for the estate of your father. Depending on the complexity of the application, the process will normally take about nine months to one year to obtain the grant.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw