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Next Of Kin Affidavit

Next Of Kin Affidavit Template for Hong Kong

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Next Of Kin Affidavit

I need a Next of Kin Affidavit for Hong Kong probate proceedings as the only surviving child of my father who passed away on January 15, 2025, leaving a flat in Wan Chai and bank accounts with HSBC Hong Kong.

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Document background
The Next of Kin Affidavit is a crucial document in Hong Kong's probate and estate administration process, required when a person needs to formally establish their relationship to a deceased individual and their right to inherit or administer the estate. This document is particularly important in cases where formal probate is required or when dealing with financial institutions, property transfers, or insurance claims. The affidavit must comply with Hong Kong's legal requirements, including those set out in the Probate and Administration Ordinance and the Oaths and Declarations Ordinance. It contains detailed information about the deceased, the family structure, potential heirs, and known assets, serving as a formal declaration under oath that can be relied upon by various institutions and authorities.
Suggested Sections

1. Title and Jurisdiction Declaration: States that this is an affidavit and specifies the Hong Kong jurisdiction

2. Deponent Information: Full name, HKID/passport number, occupation and address of the person making the affidavit

3. Deceased Person Information: Details of the deceased including full name, HKID, last address, date and place of death

4. Relationship Declaration: Clear statement of the relationship between deponent and deceased

5. Family Structure: Comprehensive list of immediate family members of the deceased, including spouse, children, parents, and siblings

6. Estate Details: Brief description of the known assets of the deceased

7. Other Heirs Declaration: Statement about other potential heirs and their relationships to the deceased

8. Truth Declaration: Formal declaration that all statements made are true and accurate

9. Signature and Attestation: Space for signature, date, and commissioner for oaths attestation

Optional Sections

1. Foreign Assets Declaration: Required when the deceased owned assets in other jurisdictions

2. Multiple Beneficiaries Agreement: Required when there are multiple next of kin agreeing to a specific distribution

3. Previous Marriage Declaration: Required if the deceased had any previous marriages

4. Minority Interest Protection: Required when any of the beneficiaries are minors

5. Mental Capacity Declaration: Required when any beneficiary has mental capacity issues

6. Cultural/Religious Considerations: Required when specific cultural or religious customs affect inheritance

Suggested Schedules

1. Exhibit A - Death Certificate: Certified copy of the deceased's death certificate

2. Exhibit B - Relationship Proof: Documents proving relationship (birth certificates, marriage certificates)

3. Exhibit C - Asset Schedule: Detailed list of known assets and their approximate values

4. Exhibit D - Family Tree: Diagram showing family relationships and potential beneficiaries

5. Exhibit E - Supporting Declarations: Any additional sworn statements from other family members supporting the claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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