Affidavit Of Inheritance for Hong Kong

Affidavit Of Inheritance Template for Hong Kong

An Affidavit of Inheritance is a formal sworn statement used in Hong Kong's legal system to establish a person's right to inherit assets or property from a deceased individual. This document, governed by Hong Kong law including the Probate and Administration Ordinance (Cap. 10), serves as a legal declaration detailing the deponent's relationship to the deceased, the basis of their inheritance claim, and information about the estate. It must be properly executed before a commissioner for oaths or notary public and typically forms part of the broader probate or estate administration process in Hong Kong.

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What is a Affidavit Of Inheritance?

An Affidavit of Inheritance is essential in Hong Kong's probate and estate administration process when individuals need to formally establish their right to inherit assets from a deceased person. This document is particularly crucial when applying for grants of probate or letters of administration in Hong Kong's courts. The affidavit must comply with Hong Kong's legal requirements, including proper execution before authorized officials and inclusion of specific details about the deceased, the estate, and the inheritance claim. It typically contains sworn statements about the deponent's relationship to the deceased, details of the estate, and the basis for the inheritance claim. The document may be required by various institutions, including banks, property registries, and other asset holders, to facilitate the transfer of inherited assets.

What sections should be included in a Affidavit Of Inheritance?

1. Title and Introduction: Formal title of the document and introduction of the deponent with full legal name and address

2. Deponent Details: Personal information of the person making the affidavit, including HKID/passport number and contact details

3. Deceased Person Details: Full information about the deceased person, including date and place of death, last known address

4. Relationship Declaration: Statement of the deponent's relationship to the deceased and basis for inheritance claim

5. Details of Death: Circumstances of death and confirmation of death certificate

6. Estate Details: Description of the deceased's estate, including property, assets, and their approximate values

7. Heir Status Declaration: Declaration of the deponent's status as heir and details of other potential heirs

8. Will Status: Statement regarding existence or non-existence of a will

9. Verification: Statement verifying all information provided is true and correct

10. Attestation: Space for signature, attestation by notary public or commissioner for oaths

What sections are optional to include in a Affidavit Of Inheritance?

1. Other Heirs' Consent: Include when other potential heirs have given their consent to the inheritance arrangement

2. Foreign Assets Declaration: Required when the deceased owned assets in jurisdictions outside Hong Kong

3. Prior Administration Actions: Include if any previous attempts at estate administration have been made

4. Debt Declaration: Include when there are known debts or liabilities of the deceased

5. Tax Status: Include when relevant to declare the tax position of the estate

6. Family Tree: Include when the relationship to the deceased needs additional clarification

7. Translation Certificate: Required when any supporting documents are not in English or Chinese

What schedules should be included in a Affidavit Of Inheritance?

1. Schedule A - List of Assets: Detailed inventory of the deceased's assets including property, bank accounts, investments, and personal possessions

2. Schedule B - Supporting Documents: List of all supporting documents including death certificate, relationship proof, identification documents

3. Schedule C - Consent Forms: Copies of consent forms from other potential heirs if applicable

4. Appendix 1 - Death Certificate: Certified copy of the death certificate

5. Appendix 2 - Identity Documents: Copies of relevant identity documents of deponent and deceased

6. Appendix 3 - Relationship Evidence: Documentation proving relationship to deceased (birth certificates, marriage certificates etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Banking

Real Estate

Insurance

Wealth Management

Professional Services

Public Administration

Notary Services

Relevant Teams

Legal

Compliance

Wealth Management

Estate Administration

Trust Services

Document Processing

Private Banking

Probate Administration

Risk Management

Relevant Roles

Lawyer

Legal Executive

Probate Clerk

Estate Administrator

Trust Officer

Wealth Manager

Legal Secretary

Compliance Officer

Notary Public

Commissioner for Oaths

Probate Registry Officer

Private Banker

Estate Planning Advisor

Legal Administrative Assistant

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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