Self Declaration Of Surviving Spouse Form Template for Hong Kong

A Self Declaration of Surviving Spouse Form is a legal document used in Hong Kong's jurisdiction for establishing the declarant's status as the surviving spouse of a deceased person. This statutory declaration, governed by Hong Kong law, particularly the Probate and Administration Ordinance and related legislation, serves as formal proof of the declarant's relationship to the deceased. The document contains crucial information about the marriage, the deceased spouse, and various declarations regarding the legitimacy of the marriage and its status at the time of death. It is commonly used in probate proceedings, estate administration, and various financial and legal matters requiring proof of surviving spouse status.

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What is a Self Declaration Of Surviving Spouse Form?

The Self Declaration Of Surviving Spouse Form is a critical legal document used in Hong Kong when a person needs to formally establish their status as a surviving spouse following the death of their husband or wife. This document is particularly important in situations involving estate administration, probate applications, insurance claims, pension benefits, or accessing joint accounts. The declaration must comply with Hong Kong's legal requirements and is typically executed before a Commissioner for Oaths or Notary Public. It includes detailed information about both spouses, their marriage, and the death of the deceased spouse. The document is often required by various institutions as proof of the surviving spouse's legal status and rights to the deceased's estate or benefits. The form must be completed truthfully and accurately, as making false declarations can result in serious legal consequences under Hong Kong law.

What sections should be included in a Self Declaration Of Surviving Spouse Form?

1. Declaration Header: Formal header stating this is a statutory declaration under Hong Kong law

2. Declarant Details: Full name, HKID/Passport number, and current residential address of the surviving spouse

3. Deceased Details: Full name, last known address, and date of death of the deceased spouse

4. Marriage Details: Date and place of marriage, marriage certificate details

5. Status Declaration: Declaration that the marriage was subsisting at the time of death and declarant is the lawful surviving spouse

6. Estate Information: Brief statement about the deceased's estate and declarant's intention to handle it

7. Truth Statement: Formal statement declaring all information is true and accurate

8. Execution Block: Space for signature, date, and witness details

What sections are optional to include in a Self Declaration Of Surviving Spouse Form?

1. Previous Marriages: Section detailing any previous marriages of either spouse, used when there were prior marriages

2. Foreign Marriage Recognition: Additional declarations for marriages that took place outside Hong Kong

3. Chinese Customary Marriage: Special declarations for traditional Chinese marriages under the Marriage Reform Ordinance

4. Children Statement: Details of children from the marriage, used when relevant for estate administration

5. No Will Statement: Declaration that the deceased died intestate, used only in cases without a will

What schedules should be included in a Self Declaration Of Surviving Spouse Form?

1. Schedule A - Identity Documents: Copies of HKID/Passport of declarant and death certificate of deceased

2. Schedule B - Marriage Certificate: Copy of marriage certificate or equivalent documentation

3. Schedule C - Supporting Documents: Additional documents supporting the declaration (e.g., proof of address, immigration records)

4. Schedule D - Translation Certificates: Certified translations of any documents not in English or Chinese

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Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Generate a Bespoke Document

Download a Standard Self Declaration Of Surviving Spouse Form

Review your own Self Declaration Of Surviving Spouse Form

What is a Self Declaration Of Surviving Spouse Form?

What sections should be included in a Self Declaration Of Surviving Spouse Form?

What sections are optional to include in a Self Declaration Of Surviving Spouse Form?

What schedules should be included in a Self Declaration Of Surviving Spouse Form?

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