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歡迎收聽「長者法網智多聲」。「長者三寶」，即持久授權書、遺囑和預設醫療指示之中，相信大家最常聽到的就是遺囑，亦即是「平安紙」。這一節我們會為大家說一下遺產承辦和遺囑。
一般來說，您可以決定自己的財產怎樣分配和留給誰，好像是留給親人、朋友或慈善機構等，只要在平安紙上寫清楚就可以了。平安紙可以說是您跟家人傳達的最後訊息，這樣重要，訂立之前，最好還是先諮詢律師。
任何年滿18歲而又精神健全的人，都可以訂立平安紙。平安紙必須要白紙黑字寫下來，您要在兩名見證人同時在場之下，在他們面前，在平安紙上簽名。兩名見證人之後亦必須在您面前，在平安紙上簽名。平安紙最好先寫上日期，然後再簽名。要留意了，兩位見證人，不可以是您的遺產受益人或他們的配偶，否則他們將來便拿不到您的遺產。
您可以在平安紙上，指定一至四個可靠的人，擔任您的遺產代理人，他們會代理您的財產，直至管理及分發工作完成為止。遺產代理人可以同時是您的遺產受益人，但記得要寫清楚。
如果訂立平安紙之後想更改，可以用同樣的方法，再訂立一份新的平安紙，記得寫明原本那一份已經取消了。
在考慮怎樣寫平安紙之前，有某些事您可能要先想清楚。舉例說，如果遺產受益人還未夠18 歲，您可以在平安紙寫明，等他到了某個年紀，才可以繼承遺產，期間遺產代理人會代為托管這筆遺產。如果遺產受益人因為殘疾不能夠照顧自己，您也可以在平安紙上委任信託人，代為管理他繼承到的那一筆財產。除了如何分配遺產之外，平安紙亦可以交代您想如何安排身後事。
若您年事已高、曾經中風、患有老人癡呆症、或患有其他可能影響您精神狀況的重病，記得要在訂立平安紙之前，先找醫生檢查和紀錄您的精神狀況，以免日後家人說您訂立平安紙時精神錯亂，要求法庭推翻您的平安紙。
訂好平安紙以後，記得要放好，還要告訴遺產代理人平安紙放在哪裡。
如果沒有訂立平安紙又如何呢？根據法例，您的親人可以有不同優先次序，申請成為您的遺產代理人，代理您的財產，直至管理及分發工作完成為止。
在扣除您的債務、稅項、葬禮及法律等費用以後，您的財產會根據法律，按次序分配。在一般情況之下，在生的配偶和子女，會優先分得您的財產。如果您只留下丈夫或妻子、沒有子孫；或是有子孫在生，但配偶已經過身；甚至是有私生子女，又或是在1971年10月7日之前納了妾侍，不同的情況，分配財產的方法都不同。如果想知道更多，可以參考長者社區法網文字版。這一節就說到這裡，謝謝大家收聽。
PrintWho is responsible for distributing and administering your estate?
When you pass away, your estate will be administered by your personal representative until your estate is fully administered and distributed. In general, your personal representative has to obtain a grant from the Probate Registry of the High Court before he or she can duly administer your assets.
With a will
According to section 25 of the Probate and Administration Ordinance (Cap. 10), you can appoint in your will the person or persons (up to four) whom you trust to be your personal representative(s). A person so appointed is called an “executor” if he is a male or, if female, an “executrix”. To be an executor, one has to have reached the age of 21. Therefore, you are advised not to appoint too young a person to be your executor/executrix, or else if that person has yet to reach the age of 21 when you pass away, he/she may not be allowed to take up the role of your executor right away (section 39 of the Probate and Administration Ordinance (Cap. 10)). Your executor can also be a beneficiary of your estate (but these two roles are different and should be specified in your will). You can even specify in the will that you will offer a remuneration to the executor. You may appoint a family member(s) or friend(s) whom you trust to be your executor. If he/she does not want to execute the will himself/herself, he/she can appoint a solicitor to do it for him/her. Another option is to appoint professionals, such as solicitors or accountants. If, for example, you are worried that the administration or distribution of your estate would lead to quarrels between your family members, you may consider appointing professionals whom you trust to be the primary or sole executor so as to reduce the chance of any disputes.
If more than one executor is appointed, it must be specified whether they are alternative appointments. If they are alternative appointments, the alternative executor would have the authority to execute your will only if the original executor is unwilling or unable to do so. If they are not alternative appointments, it is necessary to indicate whether the executors must execute the will jointly or whether any one of them can execute it alone.”
Generally speaking, the court will grant the duty of executor to the person(s) that you choose. It is advisable for you to obtain consent from the person(s) you intend to appoint as executor(s) before you appoint them, so as to avoid them subsequently refusing to take up the job.
After making a will, it is important to tell the executor where you keep the original copy of your will to ensure that the executor can locate and execute your original will in the future.
To make it easier for the executor to locate and dispose of your assets in the future, you can prepare a list of your assets and keep it with your will. You can also update this list as often as you like without having to revise the will each time.
Without a will / without an executor
If you have not made a will, or if you have not appointed an executor in your will, or if the person you appointed is unable or unwilling to take up the job, according to Rule 21 of the Non Contentious Probate Rules (Cap. 10A), the court may grant that the following people be appointed to be your personal representative, in the following order of priority. If male, a person so appointed is called an “administrator” or, if female, an “administratrix”.
- Your surviving husband or wife or your concubine made before 7th October 1971;
- Your children, or if they pass away before you, their descendants.
- Your father or mother;
- Your brothers or sisters, or if they pass away before you, their descendants.
You are allowed to appoint up to four administrators for an estate, and they must have reached the age of 21. If persons of the same rank of priority are in dispute, they may apply to the High Court for determination (Rule 25 of the Non Contentious Probate Rules (Cap. 10A)). The court has the power to grant to a person beyond the above priority list to be the administrator of your estate. If, for example, the persons on the above priority list are all mentally or physically incompetent by the time you pass away, or they are in heated dispute, the court may appoint an independent professional to be the administrator of your estate (Rule 26 of the Non Contentious Probate Rules (Cap. 10A)).
Both executors and administrators are personal representatives of your estate and their powers are more or less the same.