The Affidavit of Nearest Kin is a critical document in Hong Kong's probate and estate administration process, particularly when a person dies without leaving a valid will. This sworn statement is required by the Hong Kong Probate Registry to establish the legitimate next of kin who has the right to administer the deceased's estate. The document must include comprehensive information about the deceased's family structure, details of any assets, and clear evidence of the deponent's relationship to the deceased. It plays a crucial role in protecting the interests of legitimate heirs and ensuring proper distribution of assets according to Hong Kong's inheritance laws. The affidavit must be sworn before an authorized person such as a solicitor or notary public and requires careful preparation to ensure all information is accurate and complete.
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1. Title and Introduction: Identifies the document as an Affidavit of Nearest Kin, includes the jurisdiction (Hong Kong), and states the purpose of the affidavit
2. Deponent Information: Full details of the person making the affidavit, including full name, HKID/passport number, occupation, and residential address
3. Deceased Information: Full details of the deceased person, including full name, last known address, date and place of death, and occupation at time of death
4. Relationship Declaration: Clear statement of the deponent's relationship to the deceased and basis for claiming to be nearest kin
5. Family Structure: Comprehensive information about the deceased's family structure, including spouse(s), children, parents, and siblings
6. Search Declaration: Statement confirming searches for a will have been conducted and results of such searches
7. Estate Information: General description of the nature and estimated value of the estate
8. Truth Declaration: Formal declaration that all information provided is true and accurate to the best of the deponent's knowledge
9. Signature and Attestation: Space for deponent's signature and attestation by authorized person (usually a solicitor or notary public)
1. Multiple Marriage Details: Required when the deceased had more than one marriage, detailing dates and details of each marriage
2. Adoption Details: Required when there are adopted children in the family, including details of legal adoption
3. Predeceased Relatives: Required when key family members died before the deceased, affecting the line of succession
4. Foreign Assets Declaration: Required when the deceased owned assets in jurisdictions outside Hong Kong
5. Translation Certificate: Required when any supporting documents are not in English or Chinese
1. Schedule A - Family Tree: Detailed family tree showing relationships between the deceased and all relevant family members
2. Schedule B - Asset List: Comprehensive list of the deceased's known assets and their estimated values
3. Schedule C - Supporting Documents: List of all supporting documents including death certificate, marriage certificates, birth certificates
4. Schedule D - Search Results: Details of searches conducted for a will, including dates and locations searched
5. Appendix 1 - Identity Documents: Copies of relevant identity documents of the deceased and deponent
6. Appendix 2 - Death Certificate: Certified copy of the death certificate
7. Appendix 3 - Relationship Proof: Documents proving the relationship between deponent and deceased (birth certificates, marriage certificates, etc.)
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