Probate in Hong Kong- What if Two Applications for the Probate of the same estate?

Under Hong Kong law, the persons entitled for the application of a probate have different priority based on their relationship with the deceased. For example, the first priority goes to the deceased’ spouse, then children, then parents. What will happen if two persons in the same rank of priority both want to be the grantee and both make the application for the probate?

The Probate Registry of Hong Kong High Court will not issue two Probate to two applicants regarding the same estate. If there are two antagonistic applications, the conflict may be solved by one of the applicant taking out a Summons to have the dispute heard before a Judge.  Before probate can be issued to one of the applicant, the other application must be dismissed or withdrawn by the applicant.

If the two applicants are of the same ranking of priority, unless there are good reason, the probate will usually be granted to the first applicant in time.

 

For any issue regarding probate and inheritance in Hong Kong, you are welcome to consult a lawyer of our firm in the area.



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