Release of Money from Estate For Maintenance

Section 60B of the Probate and Administration Ordinance, Chapter 10, states that :

The Director of Home Affairs may issue on application a “Certificate for Necessity of Release of Money” to authorize release of money from the bank account of the deceased person for maintenance of former dependants.

The certificate for release of money from the bank account of the deceased person is to provide immediate relief for former dependant of a person who died on or after 11 February 2006.

The former dependant in question should have been supported financially by the deceased person immediately before his death and has a beneficial interest in the estate.

The money to be released will not be greater than the amount provided by the deceased person to the former dependants in question immediately before death. Nor will the amounts in aggregate be greater than the beneficial interest of the former dependant(s) in the estate.

The bank account in question should be one held in the sole name of the deceased person.

If the deceased person has left a will and has named an executor or executors, the applicant should be the executor or one of the executors. Otherwise, the applicant should be the one who is entitled in priority to administer the estate.

On approval, the bank will be required to release the money in monthly instalments for a period of three months. Further applications may be made if necessary.