Gay homeowner challenges Hong Kong inheritance law over fears husband may not get house if he dies
- Edgar Ng Hon-lam applies for judicial review over marriage provisions in intestate and inheritance laws
A gay homeowner who previously took the Hong Kong government to court over a rule that prevented him from living with his husband has mounted a second legal challenge, this time over inheritance in case he dies without a will.
Edgar Ng Hon-lam on Wednesday applied for a judicial review over the marriage provisions in two ordinances on intestacy and financial provision for dependants, upon learning the matrimonial home he bought may not be passed to his husband, Henry Li Yik-ho.
The applicant bought a flat under the Home Ownership Scheme in the hopes of living with Li as a family unit after they got married in London on January 28, 2017, and had a blessing service at a church in Hong Kong.
“They intend to share their properties and support each other’s life even if one of them passes away before the other,” his lawyers wrote to the High Court.
But, both the Intestates Estates Ordinance and the Inheritance (Provision for Family and Dependants) Ordinance had defined “husband” on the basis of a valid marriage in Hong Kong – exclusively of the opposite sex and to the exclusion of foreign same-sex marriage, such as Li’s.
The definition means a person in a same-sex marriage cannot ensure their partner inherits their estate in the absence of a valid will or other estate planning.
