When someone in Hong Kong dies without a will, the estate is distributed strictly under the Intestate’s Estates Ordinance (Cap. 73).

This guide explains:

1. Priority for applying to administer the estate (who may apply first)
2. The legal order of distribution (who actually inherits and how much)
3. Detailed rules under Sections 4–8 of Cap. 73
4. Special rules affecting illegitimate children, adopted children, concubines, and the matrimonial home

1. Priority to Apply for Administration (NOT the order of inheritance)

This priority only decides who can apply to the Probate Registry for a Grant of Letters of Administration — not who receives the estate.

The usual order is:

1. Surviving spouse
2. Children
3. Parents
4. Siblings
5. More distant relatives

Up to four administrators may be appointed.

Important:
This is not the order for distributing the estate. Distribution follows the specific rules under Cap. 73, explained below.

2. Distribution of the Estate – Hong Kong Intestacy Rules

Below is the rewritten distribution guide based on Sections 4–8 of Cap. 73 and Cap. 429.

A. If the deceased leaves ONLY a spouse (no children, parents, or siblings)

Law: Cap. 73 s.4(2)

After paying debts, taxes, funeral and legal expenses, the entire estate goes to the surviving spouse.

Exception:
If there was a decree of judicial separation, the surviving party is not treated as a spouse for inheritance.

B. If the deceased leaves ONLY descendants (children or grandchildren)

Law: Cap. 73 ss.4(5) & 5

If there is no surviving spouse, the entire estate goes to the descendants.

1. Children inherit equally

• “Children” includes legally adopted children and unborn children in the womb.

2. Grandchildren inherit only if their parent (the deceased’s child) predeceased

Example:
Estate HK$2,000,000; two children A and B:

• If both alive → A: $1M, B: $1M
• If A died leaving two children →
  
  • B: $1M
  • A’s two children: $500k each
• If A died without children → B inherits full $2M

3. Lifetime gifts to children may be brought into account

If the parent previously gave a child a significant financial gift (e.g., down payment for property), this may be considered part of the estate for equalisation.

Example:
Estate HK$2M, Child A previously received HK$1M gift.
Total = HK$3M → A: $1.5M, B: $1.5M.

C. If the deceased leaves both a spouse and descendants

Law: Cap. 73 s.4(3)

The spouse receives:

1. All personal chattels (jewellery, furniture, car, etc.)
2. HK$500,000 statutory legacy
3. Half of the remaining estate

The descendants receive:

• The other half of the remaining estate, divided equally
• Per-stirpes distribution applies (grandchildren inherit their parent’s share)

Matrimonial home

Under s.7, if the matrimonial home belonged to the deceased, the spouse may claim priority to take the home as part of their inheritance.
If the home value exceeds the spouse’s entitlement, they must pay the difference.

D. If there are NO descendants, but the deceased leaves a spouse AND parents or siblings

Law: Cap. 73 s.4(4)

The spouse receives:

1. All personal chattels
2. HK$1,000,000 statutory legacy
3. Half of the remaining estate

The other half goes to:

• Surviving parents equally, OR
• If parents are deceased → siblings of the whole blood equally

E. If the deceased leaves illegitimate children

Law: Cap. 429 s.3

For persons dying after 19 June 1993, illegitimate children have the same inheritance rights as legitimate children.

F. If the deceased leaves adopted children

Law: Cap. 73 s.2

Legally adopted children have the same inheritance rights as biological children.

G. If NO spouse, NO descendants survive

Law: Cap. 73 ss.4(6)–(8)

The estate is distributed in the following order:

1. Parents
2. Siblings of the whole blood
3. Half-siblings
4. Grandparents
5. Uncles and aunts of the whole blood
6. Uncles and aunts of the half blood

If none survive → the estate goes to the Government of the HKSAR (bona vacantia).

Conclusion

Understanding the Hong Kong intestacy law is essential for beneficiaries dealing with an intestate estate in Hong Kong.
The rules can be complex, especially with multiple family branches, lifetime gifts, or concubine rights. Legal advice is recommended for disputes or complex family structures.

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