The limit of time for bring actions to court is governed by Limitation Ordinance, Cap. 347.
Actions in respect of trust property or the personal estate of deceased persons
Section 20 of the Ordinance states :
(1) No period of limitation prescribed by this Ordinance shall apply to an action by a
beneficiary under a trust, being an action-
(a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or
(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.
(2) Subject as aforesaid, an action by a beneficiary to recover trust property or in prescribed by any other provision of this Ordinance, shall not be brought after the expiration of 6 years from the date on which the right of action accrued:
Provided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property, until the interest fell into possession.
(3) No beneficiary as against whom there would be a good defence under this Ordinance shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Ordinance had been pleaded in defence.
Limitation of actions claiming personal estate of a deceased person
Section 21 of the Ordinance states :
Subject to the provisions of section 20(1), no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of 12 years from the date when the right to receive the share or interest accrued, and no action to recoverarrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of 6 years from the date on which the interest became due.
Acquiescence
Section 36 of the Ordinance states :
Nothing in this Ordinance shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.
Monthly Archives: June 2026
Citations
Rules 45, 46, 47 and 49 of Non-Contentious Probate Rules can be used in the course of estate administration to assist the personal representatives or the beneficiaries to resolve outstanding matters in a timely fashion.
These are generally referred to as citations, and a citation is simply a summons. Rule 45 applies.
There are three types of citations for use in pre grant proceedings :
i. A citation to accept or refuse probate ; Rule 46 applies.
ii. A citation to propound a will ; Rule 47 applies.
iii. A court order to bring in a will or to attend for examination ; Rule 49 applies.
Citation and Caveat are often used hand in hand.
Litigants in estate matters are often extremely uncooperative and secretive. The use of the appropriate citation can often bring a satisfactory result in a short period of time, by reason of the threat of contempt of court proceedings, or alternatively, in effect, a ‘default judgment’ if the citation is ignored.
The share of child of testator dies before the testator
The issue of the testator’s child who dies before the testator can take over the share.
Section 23 of Wills Ordinance, Cap. 30 states :
(1) Where-
(a) a will contains a devise or bequest to a child or remoter descendant of the testator; and
(b) the intended beneficiary dies before the testator, leaving issue; and
(c) issue of the intended beneficiary are living at the testator’s death,
then, unless a contrary intention appears from the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.
(2) Where-
(a) a will contains a devise or bequest to a class of persons consisting of children or remote descendants of the testator; and
(b) a member of the class dies before the testator, leaving issue; and
(c) issue of that member are living at the testator’s death,
then, unless a contrary intention appears from the will, the devise or bequest shall take effect as if the class included the issue of its deceased member living at the testator’s death.
If the testator has no will, section 5(1)(a) of Intestates’ Estates Ordinance, Cap. 73 states :
(1) Where under this Ordinance the residuary estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts, namely-
(a) in trust, in equal shares if more than one, for all or any of the children or child of the intestate, living at the death of the intestate, who attain full age or marry before attaining full age, and for all or any of the issue living at the death of the intestate who attain full age or marry before attaining full age of any child of the intestate who predeceases the intestate, such issue to take through all degrees, according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, but no issue shall take whose parent is living at the death of the intestate and is so capable of taking;