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Q: Inheritance collection ( No Answer,   7 Comments )
Question  
Subject: Inheritance collection
Category: Miscellaneous
Asked by: boroughmal-ga
List Price: $100.00
Posted: 02 Jun 2005 13:20 PDT
Expires: 02 Jul 2005 13:20 PDT
Question ID: 528653
Ten years ago my uncle ( A British national) died in Australia. He had
lived in Hong Kong from the age of twenty and had bought a piece of
land in the then New Territories.
He shared this piece of land with a friend & built four flats on the
site. One for him. One for his friend. The two others were sold at a
profit & the proceeds split between him & his friend.
When he died he bequeathed the flat to me to sell. It?s the first
floor flat.  As the other gentleman was slightly disabled and my uncle
was not.
During his lifetime there was no animosity and they both remained
friends until he died.
Before he died he came to England and gave me all the leases &
ownership details of two flats that he owned, the other being in
Thialand. Plus details of a retirement farm that was to be sold &
given to his illegitimate daughter  who he loved very dearly.( Not the
daughter of his friend)
The flat in Thialand was owned through the friends daughter and he had
told me to ask her for the money when he died. She at the time had
married a thai & run a restaurant, the flat was above it. She never
paid me. She betrayed his trust and there is nothing I can do.

Ten years on the flat has been hi-jacked by the daughter of his
friend, She has put 3 viscous dogs outside & extended her fence to
include the access to the first floor flat , where previously it had
been a corridor or pathway through the front garden.
She also had built another two flats on the side garden somewhat 2 ft
from the side windows of the flat, without permission of my uncle or
his estate.
She has butchered the flat so it is uninhabitable.

Friend of my uncle visited the flat a year ago & they are the only
people who have had access in the last ten years. They reported that
the flat is derelect & empty.
All the furniture removed & the door left open, though the lock has
been replaced three times in that ten years by our agent out there.

No estate agent is allowed in as they intimidate them. The solicitor
says that her hands are tied. The daughter says she will buy the flat
off us but to date wont reply to any correspondance.


My question is as follows.
Can we somehow recover the flat in Hong Kong ? and if so how do we go
about it. Bearing the total disregard for his wishes by the daughter
of uncles friend.
& How do we recover our money from the sale of the property?

My Uncle held a British passport & was Chief of the water police in
Hong Kong during his working lifetime. He was a genuine man & always
told me that this was my inheritance.

Clarification of Question by boroughmal-ga on 13 Jun 2005 15:28 PDT
Is there someone in the hong kong region that would have a better
knowledge of the local law and be able to help me Or perhaps an Exile
of the british government that knows the territory?.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Inheritance collection
From: steph53-ga on 02 Jun 2005 15:39 PDT
 
Unless your uncle had a Legal Will drawn up, stating his wihes, there
isn't much you can do.....

Verbal bequeths are pretty much useless if the benefactor has passed away.

Just my 2 cents.

Steph53
Subject: Re: Inheritance collection
From: boroughmal-ga on 03 Jun 2005 01:03 PDT
 
The will was left in australia. the only thing not in the will was the
flat in Thailand
Boroughmalone
Subject: Re: Inheritance collection
From: 4keith-ga on 03 Jun 2005 12:18 PDT
 
6-3-2005

Was the will officially probated in probate court?

If so, then you will need to contact the probate court in Australia to
find out the name and address and phone number of the executor.  The
executor can review the papers you have and determine who the legal
heirs are (there is specific order of succession, so I'm wondering if
the illegitimate daughter might have more of a claim to this estate
than you as a niece).

If the estate was not probated, then you can begin the process by
hiring an attorney.  Normally the estate is probated in the country
where the death occurred, but when real estate is involved, probate
for a specific property can also be done in the country where the
property is located, so if I were you I would consult with an attorney
in Hong Kong or Australia to find out if probate is needed to get
title changed to the names of the legal heirs and then to get the
property sold.  Probate law can be a little bit complex but hopefully
the attorney will be able to figure out the complexities and get
everything handled.

4KEITH (I'm NOT a GOOGLE Researcher)
Accountant
Subject: Re: Inheritance collection
From: boroughmal-ga on 03 Jun 2005 13:36 PDT
 
The will was probated in australia (the place of his death) and the
executor passed half of the farm to the illegitimate daughter and half
to us.
The Will was then sent to Hong Kong where it was probated through the
court there, and the Court endorsed the will, and I assume the title
passed to us. The attourney in Hong Kong is still engaged but has made
no progress in recovering the flat.

The illigitimate daughter was from my other uncle who owned half the
farm in Australia, and we followed his will that his daughter got her
half. She was paid from the estate of my other uncle who also resided
in australia & died a year after the uncle who left the flat in hong
kong.
Subject: Re: Inheritance collection
From: 4keith-ga on 04 Jun 2005 08:55 PDT
 
Then find out from the current attorney why he has made no progress in
recovering the flat and then decide whether you need to get another
attorney or not.
Subject: Re: Inheritance collection
From: boroughmal-ga on 04 Jun 2005 12:17 PDT
 
Now you know why I am asking the question. The attourney sends his
bills but does not do anything. The last offer from the daughter of my
uncles best freind
was to purchase the flat from us but has not replied to any
correspondance over the last three years, from our attourney (possibly
in the hope of retaining posession of the flat).
Meanwhile the executor of the will in australia has since died
intestate and the latest excuse is that a copy of his will should be
given to the chinese authorities for her solicitor to peruse.
The plot thickens.
boroughmalone
Subject: Re: Inheritance collection
From: cynthia-ga on 13 Jun 2005 22:45 PDT
 
WHat a NIGHTMARE!!  Where are you located?  Speaking of intimidation,
don't they have _gangs_ in Hong Kong?

Just kidding, sort of...

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