单词 | Next of kin settlement |
释义 | 近親授產契 An instrument by which property of an intestate estate is limited upon trust to beneficiaries by way of succession, according to an agreement on distribution reached by the intestate’s next of kin themselves and not by way of intestate succession legislation. In the ordinary meaning of the expression, the ‘next of kin’ of a person are those ‘most closely related’ to him. In the strict sense of the words the relationship referred to is that of blood and it has been held that a trust in favour of ‘next of kin’, whether by will or settlement, prima facie is a trust in favour of the ‘nearest in proximity in blood’ or, in other words, the ‘nearest blood relations’: Withy v Mangles (1843) 10 CL & F 215, 8 ER 724. However, there is no comparable instrument in Hong Kong. See also Distribution; Intestacy rules; Next of kin; Settlement. 根據由無遺囑者近親親自達成的分配協議,而非無遺囑繼承法,無遺囑者遺產產權藉以限於繼承受益人信託的文書。從該詞句的普通涵義來講,某人的「近親」是指那些與其「關係最密切」的人。嚴格地講,這裏所提述的關係是指血緣關係,該文書強調以「近親」為受益人的信託(不論透過遺囑或授產),表面上均以「血緣上最親近者」 或,(換言之)以「血緣關係最近者」為受益人:Withy v Mangles (1843) 10 CL & F 215, 8 ER 724。但香港沒有類似文書。另見 Distribution;Intestacy rules;Next of kin;Settlement。 |
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