Because BVI companies are widely used in Hong Kong for various purposes, it important for clients to understand the nuances and intricacies of obtaining grants of probate and administration in the BVI. Contrary to popular belief, grants of probate and administration obtained in Hong Kong cannot be resealed in the BVI. As a result, if one intends to take control over a deceased’s shareholding in a BVI company for distribution amongst beneficiaries, a fresh grant will need to be applied for in the BVI.
If a deceased left a valid will disposing of BVI assets, and dies domiciled in Hong Kong, the appointed executors will need to provide the following documents to apply for grant of probate:
1. Original Will of the deceased, or where the original Will is being used in another legal proceeding and cannot be removed, a court certified copy of the will;
2. Original death certificate, or a certified copy issued by the Births and Deaths Registry in Hong Kong...
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