Hong Kong Will Template and Guide

Hong Kong Will Template and Guide | Bestar

Template for a Will under Hong Kong Law

Hong Kong Will Template and Guide

Drafting a Will in Hong Kong is a vital step in ensuring your assets are distributed according to your wishes rather than the rigid default rules of the Intestates' Estates Ordinance.

Below is a structured template and a guide optimized for clarity and legal best practices in HK.

Hong Kong Last Will and Testament Template

Disclaimer: This template is for informational purposes only. While it follows Hong Kong legal principles, it is not a substitute for professional advice. Under the Wills Ordinance (Cap. 30), specific signing formalities must be met for a Will to be valid.

Last Will and Testament

OF [YOUR FULL NAME AS PER HKID] HKID Number: [YOUR HKID NUMBER]

1. Commencement and Revocation

I, [Full Name as per HKID], holder of HKID No. [Number], of [Residential Address], hereby revoke all former Wills and testamentary dispositions made by me and declare this to be my last Will.

2. Appointment of Executors

I appoint [Executor 1 Name] of [Address/HKID] to be the Executor of this Will. If they are unable or unwilling to act, I appoint [Backup Executor Name] to act in their place.

• Note: In HK, you can appoint up to 4 executors.

3. Appointment of Guardians (For Minor Children)

If I have children under the age of 18 at the time of my death, I appoint [Guardian Name] to be their legal guardian.

4. Specific Legacies

I give the following items/sums to the following persons:

• [Sum of Money, e.g., HKD 50,000] to [Name].

• [Specific Property/Jewelry] to [Name].

5. Distribution of Residuary Estate

I give all the remainder of my real and personal estate, whatsoever and wheresoever (including any property over which I may have a general power of appointment), to [Beneficiary Name(s)] in [Percentage, e.g., equal shares].

6. Attestation Clause

Signed by the Testator in our presence and then by us in his/hers:

Testator Signature: ______________________ Date: [Date]

Witness 1: Name: HKID: Address: Signature: ______________________

Witness 2: Name: HKID: Address: Signature: ______________________

Key Legal Requirements in Hong Kong

To ensure your Will is recognized by the Probate Registry, you must adhere to these three "Golden Rules":

• The "Two-Witness" Rule: You must sign the Will in the presence of two witnesses who are present at the same time. They must then sign in your presence.

  
  

• The Beneficiary Rule: A witness cannot be a beneficiary (or the spouse of a beneficiary). If they sign as a witness, their gift under the Will becomes void.

  
  

• Mental Capacity: The testator must be of "sound mind, memory, and understanding" at the time of signing.

Why You Need a Will

If you die without a Will in Hong Kong, your estate is handled via Intestacy. This often leads to:

1. Frozen Assets: Bank accounts and property can be locked for years during probate.

   
   

2. Statutory Distribution: Your spouse may have to share the estate with your parents or siblings, regardless of your relationship.

   
   

3. High Costs: Legal fees for "Letters of Administration" (no Will) are generally higher than "Grant of Probate" (with a Will).

Common Questions (FAQ)

• Do I need a lawyer? While "DIY" Wills are legal, a lawyer ensures the wording prevents future litigation.

  
  

• What about my MPF? MPF accounts usually require a separate "Nomination of Beneficiaries" form filed with your provider.

  
  

• Foreign Assets? If you own property abroad (e.g., UK or Australia), it is often better to have a separate Will in that jurisdiction.

Letter of Wishes to accompany Will, detailing how you want your personal belongings distributed

A Letter of Wishes (sometimes called a Memorandum of Wishes) is a confidential document that sits alongside your Will. Unlike the Will itself, it is not a public document after probate, and it is not legally binding. Instead, it provides moral guidance to your Executors.

In Hong Kong, this is frequently used to explain the "why" behind your decisions or to handle smaller personal effects without needing to update the formal Will every time you buy a new watch or piece of jewelry.

Template: Letter of Wishes (Hong Kong)

To: The Executors of the Will of [Your Full Name]

Date: [Date]

1. Purpose of this Letter

This letter is written to provide guidance on my personal preferences and the exercise of your discretion. I understand that this document is not legally binding but expresses my strong moral wishes.

2. Personal Effects and Jewelry

Regarding my personal chattels (furniture, clothes, jewelry, and digital devices), I wish for them to be distributed as follows:

• [Specific Item, e.g., Rolex Submariner]: To be given to [Name].

• [Specific Item, e.g., Wedding Ring]: To be given to [Name].

• Remaining Items: I would like my children/family to choose items they value, and any remaining items to be donated to [Specific HK Charity, e.g., Mother’s Choice or Crossroads Foundation].

3. Guidance for Guardians (If applicable)

Regarding the upbringing of my children, [Children's Names], I wish for my appointed Guardians to consider:

• Education: I would prefer them to attend [Local/International/Boarding] schools.

• Religion/Values: I wish for them to be raised with a focus on [Specific Values or Faith].

• Residence: I would prefer them to remain in Hong Kong/move to [Country] to be near family.

4. Funeral and Burial Instructions

I wish for my funeral arrangements to be handled by [Preferred Funeral Director, if any].

• Method: [Cremation / Burial / Green Burial].

• Location: I would like my ashes to be [placed in a columbarium in HK / scattered at Sea / Garden of Remembrance].

• Ceremony: I would like a [Secular / Religious / Private] ceremony.

5. Specific Exclusions (Optional)

If I have excluded any person who might otherwise expect to benefit from my estate, my reasons are as follows:

• [Note: This section is crucial in HK law to help defend your Will if it is contested under the Inheritance (Provision for Family and Dependants) Ordinance.]

Best Practices for Your Letter of Wishes

• Keep it Private: Unlike your Will, do not file this with the Probate Registry. Keep it in a sealed envelope with your Will or give a copy directly to your Executor.

  
  

• Update Often: You can rewrite this letter as often as you like without the formal witnessing requirements of a Will. Just ensure the most recent version is dated and signed.

  
  

• Be Specific but Flexible: Use "I would like" or "I request" rather than "I command," to ensure your Executors have the legal flexibility to deal with unforeseen circumstances.

Checklist of the Documents You should Store alongside to make things easier for Your Executor

A "Hong Kong Will & Estate Checklist" includes the essential documents you should store together—such as your original Will, HKID copies, property deeds, bank statements, and MPF details—to ensure a smooth probate process for your executors.

Hong Kong Will & Estate Checklist

• Original Signed Will

• Original Letter of Wishes

• Copy of HKID for Testator and Executors

• Property Title Deeds / Land Registry records

• Bank Account Statements and Credit Card list

• MPF Account details and Nomination forms

• Insurance Policy documents (Life, Medical, etc.)

• Investment Portfolios (Stocks, Bonds, Crypto Keys/Instructions)

• List of Digital Assets and Passwords (Social Media, Email)

• Marriage Certificate / Divorce Decree (if applicable)

• Birth Certificates of Children

• Contact list of Professional Advisors (Lawyer, Accountant)

How Bestar Hong Kong Can Help

Hong Kong Will Template and Guide

When it comes to estate planning in Hong Kong, Bestar provides a comprehensive, professional bridge between complex local regulations and your personal legacy. As a leading professional services firm, Bestar Hong Kong specializes in ensuring that your assets—both corporate and personal—are protected and transitioned seamlessly.

1. Professional Will Drafting & Compliance

Bestar ensures your Will is not just a document, but a legally airtight instrument under the Wills Ordinance (Cap. 30).

• Precision Drafting: Avoiding common DIY pitfalls that lead to "partial intestacy."

  
  

• Witnessing Services: Providing independent witnesses to ensure the "Golden Rules" of HK probate are met.

  
  

• Multi-Jurisdictional Planning: Essential for expats or HK residents with assets in mainland China, Singapore, or the UK.

2. Specialized Trust Services

For high-net-worth individuals or business owners, a Will may not be enough. Bestar offers Trust services to:

• Avoid Probate: Assets held in a trust can pass to beneficiaries immediately without waiting for a court Grant of Probate.

  
  

• Asset Protection: Safeguarding wealth from potential creditors or legal claims.

  
  

• Confidentiality: Unlike a Will, which becomes a public document after probate, trust details remain private.

3. Business Succession Planning

If you are a business owner in Hong Kong, your Will must account for your shares and directorships. Bestar integrates your estate plan with your corporate structure:

• Share Transfer Strategies: Ensuring the company continues to operate smoothly after your passing.

  
  

• Tax Efficiency: While HK has no inheritance tax, Bestar optimizes the cross-border tax implications for international beneficiaries.

4. Comprehensive "One-Stop" Support

Bestar acts as your single point of contact for:

• Executor Support: Guiding your family through the Probate Registry application process.

  
  

• Document Safekeeping: Secure storage of your Will, Letter of Wishes, and asset lists.

  
  

• Regular Reviews: Updating your documents as life changes (marriage, birth of children, or new investments).

Why Choose Bestar?

• Local Expertise: Deep knowledge of the Hong Kong Judiciary and the Intestates' Estates Ordinance.

  
  

• Certified Professionals: Access to a network of CPAs, legal consultants, and corporate secretaries who understand the intersection of personal wealth and business law.

  
  

• Transparent Pricing: Competitive, flat-fee structures for Will drafting and estate consultancy, avoiding the "hidden costs" of traditional firms.

Sample Professional Executor Clause that you could use if you decide to Appoint Bestar to handle your estate

To ensure your estate is managed with professional neutrality and technical expertise, you can appoint a corporate entity or a professional firm to act as your Executor. This is particularly useful if your beneficiaries are overseas, are minors, or if your estate involves complex business holdings.

Below is a sample clause tailored for an appointment of a professional firm like Bestar, which can be inserted into your Will.

Sample Professional Executor Clause

Appointment

"I appoint Bestar Consulting Limited (or its designated trust subsidiary), whose registered office is situated at Flat D, 20/F, Eton Building, 288 Des Voeux Road Central, Sheung Wan, Hong Kong, to be the Executor and Trustee of this my Will (hereinafter referred to as 'my Professional Executor')."

Charging Clause (Essential for Professional Firms)

"My Professional Executor shall be entitled to receive and be paid all usual professional or other charges for business done and time spent by them or their employees in connection with the administration of my estate and the trusts of this Will. This includes acts which a person not being a professional person could have done personally. Such charges shall be in accordance with the standard scale of fees of Bestar Consulting Limited in force at the time the work is performed."

Power to Act Through Officers

"My Professional Executor may act through its properly authorized officers and employees, and the receipt of any such officer for any legacy or other sum payable to my Professional Executor shall be a sufficient discharge to my estate."

Why Use a Professional Executor in Hong Kong?

Appointing a professional firm like Bestar rather than an individual friend or family member offers several strategic advantages:

• Continuity: Individuals may pass away, lose mental capacity, or move away from Hong Kong. A professional firm provides institutional continuity that ensures your Will is executed regardless of individual life events.

  
  

• Liability Protection: Professional executors carry professional indemnity insurance, providing a layer of financial security for your beneficiaries that a private individual cannot offer.

  
  

• Technical Precision: Estate administration in HK involves specific filings with the Inland Revenue Department (IRD) and the Probate Registry. Professionals handle these daily, reducing the risk of costly delays or penalties.

  
  

• Impartiality: In the event of family disagreements, a professional executor acts as a neutral third party, strictly following the law and your written wishes without emotional bias.

Next Steps for Your Estate Plan

Now that you have the templates for your Will, Letter of Wishes, and Checklist, the final stage is ensuring the Execution is legally valid.

"Attestation Statement" that your two witnesses must sign to ensure your Will complies with the Hong Kong Wills Ordinance

In Hong Kong, the Attestation Clause is arguably the most critical part of the document. If this wording is incorrect or the signing process is flawed, the Probate Registry may require an Affidavit of Due Execution, which can cause months of delays and extra legal fees for your family.

Under the Wills Ordinance (Cap. 30), the testator and the witnesses must follow a very specific "signing sequence."

The Formal Attestation Clause (HK Standard)

This section should be placed at the very end of your Will, immediately following your signature.

SIGNED by the Testator: [Your Full Name] In our joint presence and then by us in his/hers.

Testator’s Signature: ___________________________ Date of Signing: [DD/MM/YYYY]

Witness 1 Signature: ___________________________ Full Name (Print): [Name as per HKID] HKID Number: [Number] Occupation: [e.g., Accountant/Clerk] Address: [Residential Address]

Witness 2 Signature: ___________________________ Full Name (Print): [Name as per HKID] HKID Number: [Number] Occupation: [e.g., Manager/Engineer] Address: [Residential Address]

The "Golden Protocol" for Signing in HK

To ensure this clause is legally bulletproof, follow these steps exactly:

1. The Room: You and your two witnesses must be in the same room at the same time. No one should leave until everyone has signed.

   
   

2. The Ink: Use the same pen (preferably blue or black) for all three signatures to prove they were made during the same session.

   
   

3. The Initials: It is standard practice in Hong Kong to initial the bottom corner of every page of the Will (except the last page where the full signatures are). This prevents anyone from swapping pages later.

   
   

4. No Attachments: Do not staple, clip, or pin anything to the original Will. The Probate Registry looks for "staple holes" or "paperclip marks" to see if a codicil or other document was hidden or removed, which can trigger an investigation.

Common Pitfalls to Avoid

• The Beneficiary Mistake: If a witness is also a beneficiary (or the spouse of one), the Will remains valid, but their specific gift is legally cancelled. * The Dating Error: Ensure the date on the Attestation Clause matches the date of your signature. An undated Will is a nightmare for probate.

  
  

• Visual Sight: The witnesses don't need to read the Will, but they must see you sign it.

3 Final Steps You Need to Move from a Draft to a Legally Recognized Will in Hong Kong

Moving your Will from a draft to a legally binding document is a precise process. In Hong Kong, the "Execution" phase is where most DIY Wills fail, often due to minor procedural errors that the Probate Registry will not overlook.

Here are the 3 final steps you need to take to finalize your Will:

1. The "Formal Execution" Session

You must transform the paper into a legal instrument by signing it correctly.

• Simultaneous Presence: Gather your two independent witnesses (who are not beneficiaries or spouses of beneficiaries). All three of you must remain in the same room until the last signature is placed.

  
  

• The Signature: Sign at the very end of the document. Under the Wills Ordinance (Cap. 30), any text appearing after your signature is legally ignored.

  
  

• Initialing: As a best practice in HK, you and both witnesses should initial the bottom corner of every single page to prevent any future claims of "page swapping."

2. Secure Storage (Avoiding the "Catch-22")

A Will is useless if it cannot be found, but it is equally dangerous if it is "too" secure.

• Avoid Bank Safe Deposit Boxes: In HK, bank boxes are frozen upon death. Your Executor cannot get the Will out without a Grant of Probate, but they can't get the Grant of Probate without the Will. This creates a legal deadlock.

  
  

• Recommended Options: Use a fireproof home safe (and give the code/key to your Executor) or use a professional storage service like Bestar, which ensures the document is released only to the authorized Executor upon proof of death.

  
  

• No Alterations: Once signed, never staple, paperclip, or write notes on the original. Even a small staple mark can lead the court to believe a page (like a codicil) is missing.

3. The "Executor Briefing"

Your Executor’s job starts the moment you pass away. They need to be prepared.

• Location Disclosure: Explicitly tell your Executor(s) exactly where the original Will is kept.

  
  

• Document Handover: Provide them with the Checklist we created earlier. In HK, the probate process moves significantly faster if the Executor already has a list of your bank accounts, MPF details, and property deeds.

  
  

• Consent: Confirm they are still willing to act. Remember, in HK, an Executor must be at least 21 years old at the time they apply for the Grant of Probate.

Ready to Finalize?

By following these steps, you ensure that your assets are distributed exactly as you intended, protecting your family from the delays of intestacy.

"Notice to Executor" letter

This is a short, formal note you can give to your chosen Executor today to officially inform them of their appointment and where your documents are stored.

This formal notice is designed to be handed to your chosen Executor(s) now. It serves as an official "heads up," ensuring they aren't caught off guard and know exactly where to turn when the time comes.

Notice of Appointment as Executor

To: [Full Name of Executor]

Address: [Executor’s Address]

Date: [Current Date]

RE: Appointment as Executor for the Estate of [Your Full Name]

Dear [Executor Name],

I am writing to formally notify you that I have named you as an Executor and Trustee in my Last Will and Testament. I have chosen you for this role because I trust your judgment and integrity to carry out my final wishes.

1. Location of Documents

My original Will and supporting documents are kept in a secure location at:

• Location: [e.g., A fireproof safe at my home / Bestar Hong Kong’s office / My Lawyer's Office]

• Access Details: [e.g., The key is located in / Access code is / Contact person is]

2. Accompanying Paperwork

Alongside my Will, I have prepared a Letter of Wishes and a Comprehensive Asset Checklist. These documents contain:

• A list of my bank accounts, MPF, and insurance policies.

• Specific instructions for the distribution of personal effects.

• My preferences regarding funeral and burial arrangements.

3. Professional Support

Should you require professional assistance in navigating the Hong Kong Probate Registry, I recommend contacting:

• Firm: Bestar Consulting Limited

• Contact: +852 35651861/ admin@bestar.asia

4. Your Role

Your primary duties will involve applying for a Grant of Probate, settling any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries named in my Will.

Please keep this letter in a safe place. You do not need to take any action at this time, but I would appreciate it if you could confirm that you have received this notice and are still willing to act in this capacity.

Thank you for your support and for taking on this significant responsibility.

Sincerely,

[Your Signature]

[Your Printed Full Name]

HKID Number: [Your HKID]

Final Pro-Tip for HK Residents

In Hong Kong, if your Executor resides overseas, the probate process can be more complex (sometimes requiring a "Surety Bond"). If your primary Executor is not a Hong Kong resident, it is highly recommended to appoint a Local Co-Executor or a professional firm like Bestar to simplify the court filings.

This completes your comprehensive Will-drafting toolkit. Is there anything else—like a specific clause for digital assets or cryptocurrency—that you'd like to add before you print your final version?