Priority of Entitlement for a grant of administration in Hong Kong under Hong Kong laws
Under Hong Kong laws, there is an order for the priority of persons entitled to the application of a probate regarding a deceased person’s estate. 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 grants to two separate and independant 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 Master. Before a grant can be issued to one of the applicant, the other application must be dismissed or withdrawn by the applicant.
How conflict application for grant will be solved
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, or to an independant professional as recommended by the party or parites or appointed by the court.
For any issue regarding probate and inheritance in Hong Kong, you are welcome to consult an inheritance lawyer of our firm. Our probate and inheritance legal team (consists of both Hong Kong solicitors and PRC lawyers) will answer your questions regarding inheritance matters in Hong Kong and the Mainland China.