Making a Will in Hong Kong
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Make a Will
Making a Will in Hong Kong
Making a will is one of those tasks people tend to park in the "I’ll do it next year" folder. But in Hong Kong, where the legal system (based on Common Law) is precise and the cost of living is high, dying intestate (without a will) can trigger a bureaucratic nightmare for your loved ones.
Here is a guide to navigating the essentials of Will writing in HK, optimized for clarity and legal peace of mind.
Why You Need a Will in Hong Kong
If you pass away without a valid Will, your assets are distributed according to the Intestates' Estates Ordinance (Cap. 73). This often leads to results you might not want:
Fixed Distribution: Assets are split between your spouse, children, or parents in fixed proportions, regardless of your actual relationships.
Guardianship Risks: If you have minor children, the court decides who looks after them, which may not be the person you trust most.
Frozen Assets: It takes significantly longer for family members to access bank accounts and property without a named Executor.
Key Components of a Valid Will
To ensure your Will is legally binding in the Hong Kong courts, it must meet several strict criteria:
Requirement | Description |
Capacity | You must be 18+ years old and of "sound mind" (mentally capable). |
Writing | The Will must be in writing (physical document). |
Execution | It must be signed by you (the Testator) in the presence of witnesses. |
Witnesses | Two independent witnesses must sign in your presence. Crucially, a beneficiary (or their spouse) cannot be a witness, or they lose their inheritance. |
The Step-by-Step Process
1. List Your Assets and Liabilities
Don't just think about cash. Include real estate, MPF accounts, stocks, life insurance policies, and even digital assets (crypto or social media accounts). Also, note any outstanding debts or mortgages.
2. Appoint an Executor
The Executor is the person responsible for "probating" the Will—distributing assets and paying off debts. You can choose a trusted friend, a family member, or a professional firm (like a trust company or law firm).
3. Appoint Guardians
For parents of minor children, this is the most critical clause. Specify who will take legal custody of your children to avoid them becoming wards of the state during legal disputes.
4. Decide on Distribution
Specific Bequests: Giving a specific item (e.g., a watch) or sum of money to a specific person.
Residuary Estate: Everything left over after debts and specific gifts are cleared.
Common Pitfalls to Avoid
The "DIY" Risk: While "Holograph Wills" (handwritten) can be valid, vague language can lead to expensive litigation.
The Marriage Trap: In Hong Kong, marriage automatically revokes an existing Will unless the Will specifically states it was made "in expectation of marriage" to that person. Divorce, however, does not necessarily revoke a Will, though it may invalidate gifts to the ex-spouse.
Foreign Assets: If you own property in another country (e.g., UK, Canada, or Australia), you may need a separate Will in that jurisdiction or a "Global Will" that accounts for international tax implications.
Professional vs. DIY
While you can buy a template online, Hong Kong’s probate process is notoriously strict about formatting and wording.
Simple Wills: Suitable for those with straightforward assets and one or two beneficiaries.
Complex Estates: If you have offshore companies, trust structures, or a "blended family," a specialist probate lawyer is highly recommended.
Pro Tip: Keep your Will in a safe place (like a bank vault or with your lawyer) and tell your Executor where it is. A Will that cannot be found is treated as if it never existed.
Essential Rules for Signing (Don't Skip This!)
The "No-Benefit" Rule: Neither your witnesses nor their spouses can inherit anything from this Will. If a beneficiary signs as a witness, their gift becomes void.
The "Same Room" Rule: You and both witnesses must all be in the same room and watch each other sign the document. Do not leave the room until all three signatures are on the paper.
No Staples/Paperclips: Once signed, do not staple anything to the Will or remove existing staples. The Probate Registry looks for "staple holes" as evidence that a codicil (an amendment) might have been hidden or removed.
The Executor’s Essential Checklist
To make the probate process as smooth as possible for your Executor, they will need more than just the Will. The Hong Kong Probate Registry is meticulous, and having a "Probate Folder" ready can save months of delays.
The Executor must apply for a Grant of Probate at the High Court. Here are the documents they will need to gather:
Document Category | Specific Items Needed |
The Will | The Original Will (photocopies are not accepted for the initial application). |
Identity Docs | The deceased’s HKID card and the Executor’s HKID/Passport. |
Death Proof | The official Death Certificate issued by the Births and Deaths Registry. |
Asset List | A detailed schedule of all assets (bank books, property deeds, stock certificates, MPF statements). |
Relationship Proof | Marriage certificates or birth certificates (to prove the relationship of beneficiaries if requested). |
The Probate Workflow in Hong Kong
Understanding the timeline helps manage expectations. The process generally follows this path:
Search & Secure: The Executor locates the original Will and secures assets (e.g., notifying banks to freeze accounts).
Affidavit Preparation: The Executor prepares the "Schedule of Assets" and "Affidavit of Executor."
Filing: Documents are submitted to the Probate Registry of the High Court.
Requisitions: The Registry may ask questions (requisitions) regarding the Will's validity or asset details.
Grant of Probate: Once satisfied, the Court issues the Grant, legally empowering the Executor to move funds.
Distribution: Debts/Taxes are paid, and remaining assets are distributed to beneficiaries.
Three Things You Can Do Right Now
Locate Your Deeds: If you own property in Hong Kong, ensure you know where the original Title Deeds are (usually with a bank if there is an active mortgage).
Update Your Beneficiary Designations: Assets like Life Insurance and MPF often allow you to nominate beneficiaries directly. This money usually bypasses the probate process, reaching your family much faster.
Draft a "Letter of Wishes": This is a non-legally binding note kept with your Will. It can explain why you made certain decisions or provide specific instructions for sentimental items, helping to prevent family disputes.
How Bestar Hong Kong Can Help
Making a Will in Hong Kong
When it comes to estate planning and will-making, Bestar Hong Kong serves as a specialized corporate and financial bridge, helping you navigate the technical and administrative complexities that often trip up DIY efforts.
While many know Bestar for company formation, their Multi-Family Office (MFO) and Wealth Planning arms are specifically designed to handle high-stakes asset distribution.
How Bestar Hong Kong Simplifies Your Will & Estate
Bestar's approach is "holistic," meaning they don't just look at a single document; they look at your entire financial footprint in Hong Kong and beyond.
1. Multi-Jurisdictional Asset Protection
If you are an expat or have assets in multiple countries (e.g., property in HK and Singapore), Bestar’s international network ensures your Will isn't just valid in Hong Kong, but that your global tax exposure is minimized.
Trust Deed Setup: They assist in drafting Family Grantor Trusts (FGT) and Private Trust Companies (PTC) to protect wealth from probate delays.
2. MPF & Corporate Benefit Integration
Many people forget that Mandatory Provident Fund (MPF) and corporate insurance are major parts of a Hong Kong estate. Bestar’s background in HR and Payroll services allows them to:
Audit your current beneficiary designations.\
Ensure your Will and your corporate benefits don't have conflicting instructions (a common cause of legal freezes).
3. Professional Executor & Secretarial Support
Naming a family member as an Executor can be a burden. Bestar can act as a professional corporate secretary or advisor to:
Coordinate with the Probate Registry: Handling the filing of affidavits and the "Schedule of Assets."
Asset Valuation: Providing certified valuations of company shares or business interests for the court.
4. Compliance & "Life Events" Updates
Under Hong Kong law, a Will can be invalidated by marriage or major life changes. Bestar provides:
Regular Compliance Reviews: Checking your estate plan against the latest Wills Ordinance and Intestates' Estates Ordinance updates.
Enduring Power of Attorney (EPA): Helping you set up legal structures for mental incapacity, not just death.
Why Choose Bestar Over a Standard Law Firm?
One-Stop Shop: They handle the accounting, tax, and legal advisory in one place.
Business Succession: If you own a Hong Kong Limited Company, they ensure your shares transition to your heirs without stopping business operations.
Transparency: Unlike traditional law firms that may charge hourly, Bestar is known for competitive, transparent fee structures.
Key Takeaway: Bestar is best suited for individuals who want a managed estate—where the Will is part of a larger strategy involving tax efficiency, business continuity, and seamless probate.
Bestar's current contact details and office locations in Sheung Wan/Central
Bestar
Category: Accounting
To help you move forward with your estate planning, Bestar is located in the Sheung Wan/Central area and can provide professional guidance on the administrative side of Will execution and wealth management.
Bestar is a professional services firm that assists with corporate and financial planning, making us a strategic partner for complex estate matters.
Convenient Location: Situated at 288 Des Voeux Road Central in the heart of the business district.
Business Continuity: We specialize in helping business owners transition company shares and interests through their estate plans.
Administrative Support: We can assist your Executor in organizing the necessary financial documentation and company secretarial records required by the Probate Registry.
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