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Making a will for your family is an important thing to do because it can ensure that your assets can be distributed according to your wishes without interference from other people. But making a will has its own laws, including in Hong Kong. For those of you who live in Hong Kong and want to know about wills, you can read this article until the end. This time we will discuss probate guidelines that you can use to find out several things about wills, things about probate, and whether you can manage the will until it is valid. What is the meaning of probate in Hong Kong? Probate means a gift under the seal of the court which authorizes the appointed executors to manage the testator's assets. Probate is the administration of a deceased state by submitting an application to the Hong Kong Probate Registry to determine whether or not the will of a deceased person exists. The legal right to deal with the deceased's estate is the 'grant of representation'. Arranging permission for a deal with the estate depends on whether or not there is a will, and whether the person in the will is willing to accept it themselves or wants it to be managed by someone other than themselves. Is probate required in Hong Kong? Probate is required for handling the deceased's estate. The person entitled to the will must have a Grant of Probate, while families who wish to manage the deceased's estate without a valid will can arrange a Grant of Representation so that the High Court can manage it in accordance with existing law. This is a legal process to manage the deceased's assets as long as the will is proven to be valid, until the property can be transferred to the beneficiaries of the will. In terms of probate guidelines in administering inherited assets, if the deceased left a Will, the executor appointed in the Will has the role of managing the deceased's inheritance. If the deceased dies without a will, then another person will take the role according to legal priority. Your lawyer can advise you about who has priority in administering the estate based on intestacy law. It is the Probate Court that will determine this. The Executor of the Will should then arrange to obtain an official death certificate, and if possible to obtain birth/marriage certificates from the family members concerned as proof of identity and relationship. If the person dies overseas leaving inherited assets either in Hong Kong or overseas, the procedures to be followed will depend on whether the country in which the person was domiciled when he or she died (and where the inherited assets that are not in Hong Kong are located) has a reciprocal legal process recognition relationship with Hong Kong. How long does probate take in HK? Probate takes a different amount of time in each case. If it's a simple case like there's a will that directly appoints one name to receive assets, or something similar, it usually takes about 5 to 7 weeks to process. Sometimes an inheritance will encounter something complicated, discussing many things about the rights and obligations of the deceased's person or how the recipient will receive their share of assets. The length of probate will be longer than average time.   Making a Will in Hong Kong   What often happens which makes probate processing take a long time is the size or complexity of the estate, and if the deceased's assets are outside Hong Kong. Reading probate guidelines like this is very important for executors, because it is the most important advice for you to take useful steps when processing a will. How long after probate is granted? It depends on the case and how complex the assets owned by the deceased's person are. Any straightforward case will also take months, because the High Court also needs to ensure complete data on the estate and property, then what the contents of the will are, such as its authenticity, and check whether there has been a revocation or challenge from someone in recent times. There is no time limit for processing a grant of probate, but you should immediately arrange a Grant of Probate or Grant of Representation before someone asks questions about the deceased's assets. If you are someone mentioned in the will, but you don't want to go to the High Court to take care of it, you can ask the agency or solicitor to take care of this, so that it complies with the probate guidelines and you can still receive the inheritance according to what is written in the will. What if a beneficiary dies before receiving his inheritance? If your descendants are the beneficiaries of your inheritance and they pass away before you, then in accordance with section 23 of the Wills Ordinance (Cap. 30), the descendants of his/her own descendant(s) will take over the assets that you should transfer for your fallen descendant. Or you can add back cup arrangements when you make a will or have an alternate beneficiary, by appointing someone else in the family besides your daughter if one day your daughter dies before you. Everything is regulated in the Wills Ordinance, so you have to study carefully what you have to take care of, what are the requirements for the validity of a will, and what if there are special cases after the will is valid. Having a solicitor or agency to advise you on your Will will be very important, so that you don't take the wrong steps in making your will, or one day if you want to change or revoke your will.  Do you feel overwhelmed by everything related to wills? SMEBrothers will help you with everything related to wills starting from the procedures for making a will, how we manage a will, what are the requirements for making a will, who has the right to be a witness when you make a will, what is in the Wills Ordinance, problems your assets outside or inside Hong Kong, etc. SMEBro provides professional cross-border estate notarization services to ensure that the estate can be properly managed and distributed. 💪💪   Services include:  ✅ Estate Survey and Assessment: A comprehensive survey and assessment of the estate will be conducted to ensure that all assets and liabilities are clear.  ✅ Legal process guidance: A professional legal team will assist you in completing various legal procedures required for cross-border inheritance distribution to ensure that everything is legal and compliant. ✅Careful follow-up throughout the entire process: We have professional teams from Hong Kong and Mainland China who are familiar with inheritance matters and can help you break cross-border barriers and successfully inherit your inheritance.

A person will usually leave a will for their family long before they die. But if there is a special event such as someone dies without a will, then in Hong Kong the estate will be divided and managed in accordance with existing laws. Before we learn about how it is distributed when someone dies and whether there is a valid will or not, we need to know about the meaning of probate, the Probate Registry, and several cases regarding probate. Hope this article will help you regarding probate when learning more about wills in Hong Kong. What is probate meaning? Probate is a court order that authorizes one or more people to manage the deceased's inheritance in accordance with the instructions in the Will. This person is called the executor. The inheritance in question can be money in bank accounts, company shares, house, real estate, cars, and other assets left under the deceased's name. Probate is a general term for legally processing the rights in an estate. Probate is needed to handle the assets of someone who has died, especially for relatives who are not left with a will. Why was the Probate Registry established? Any inheritance issues will be regulated by the Probate Registry, and the Probate and Administration Ordinance (Cap.10) delegates the authority to issue Grants to the High Court. The Registrar of the High Court is required to exercise these powers and process all applications that do not give rise to disputes. The Probate Registry has been established as an integral part of the Judiciary to assist it in carrying out its duties. What does the Probate Registry do? The Probate Registry assists the Registrar in processing applications and submitting requisitions to ensure that Grants will be awarded to the correct person according to the law. This also assists him in carrying out other functions according to law including carrying out the functions of Official Administrator. Everyone who wants to take care of a will left by one of their family members must understand the probate meaning and get probate, because for simple and straightforward cases it takes a long time, around 5 to 7 weeks on average. If the nature of the estate is complicated, the time required will be longer. Issues that need to be considered with or without a will When a person dies, there may be an estate left under the deceased's name. A Grant of Representation from the Probate Registry of the High Court must be in place to administer the deceased's assets, whether the deceased has made a will or not. A Grant of Representation acts as proof that someone has the right to deal with the deceased's estate. There is always the question of which jurisdiction (the laws of which country) should regulate the administration and succession of the inheritance if there are foreign elements involved. For example, the deceased person was not a resident of Hong Kong, but left property in Hong Kong, or the deceased Hong Kong person may have owned property abroad. In general, the following rules might provide a reference answer: Succession to "immovable assets" (buildings, flats, land) is regulated by the law of the place where the assets are located. For example, if a Hong Kong resident owns a flat in the UK, the flat will usually be governed by UK succession laws after your death. The succession of “movable property” (personal effects, money, company shares) is regulated by the law of the place of domicile of the deceased person on the date of death. For example, the movable property of a deceased person who was a resident of the UK is usually governed by English succession law, wherever the property is located. The differences between estate with a will and without a will A Grant of Representation is the collective term for a Grant of Letters of Administration or a Grant of Probate. Probate meaning will be influential here, because a Grant of Probate is a Grant given to the executor (male) or executrix (female) named in the last Will of the deceased person. If there is no executor/executrix written in the Will, or there is no Will, someone who wants to administer the deceased's estate must obtain a Grant of Letters of Administration. This Grant is given to administrators who include the next-of-kin (the deceased's spouse, children, parent, uncle, siblings, etc.). Probate - Six Simple Steps in Handling and Distributing the Estate of a Deceased Person A Personal Representative is an executor/executrix or an administrator. The Personal Representative has the authority to deal with the estate, such as arranging the distribution of assets to the beneficiaries. With a will It needs to be clear for all the assets inherited from someone who has died, that the assets that will be managed or distributed must settle all debts, administration expenses, and other beneficiaries first. If the deceased person has written down who the executor/executrix is, then that is the only person who is entitled to apply for a Grant of Probate. What if the executor/executrix does not want to take up the appointment or there is no executor appointed by the deceased survivors? The person entitled to the residual legacy in the Will can apply for a Grant of Letters of Administration. Once all conditions are met, the person is entitled to the remainder of the deceased's estate. Without a will If no Will is found or the Will has been revoked, the law of intestacy will determine who is the rightful person who can apply for a Grant of Letters of Administration. There is an order of priority regulated in rule 21 of the Non-Contentious Probate Rules (Cap. 10A of the Laws of Hong Kong): surviving husband/wife or surviving partner or union of concubinage (second and subsequent wives taken during the lifetime of the first wife) entered into before 7 October 1971 Direct descendants of the deceased or any children born of a union of concubinage during the life of the first wife entered into before 7 October 1971, or descendants of the child who died during the deceased person's lifetime The parent(s) of the deceased Siblings of the deceased or descendants of the deceased's brothers or sisters who died during the deceased's lifetime. The High Court also has the authority to appoint someone who is not included in the hierarchy to manage the inheritance. This power is useful if the closest relative of the deceased, who should have the right to be appointed as administrator, is under 21 years of age or does not have sufficient mental or physical capacity to manage the estate.   Is Probate meaning confusing for you? Or do you already understand a lot about Probate and Will? Don't worry because SMEBrother will help with everything you need, starting from making a Will, managing a Will, or whatever difficulties you have regarding a Will. SMEBro provides professional cross-border estate notarization services to ensure that the estate can be properly managed and distributed. 💪💪 Services include: ✅ Estate Survey and Assessment: A comprehensive survey and assessment of the estate will be conducted to ensure that all assets and liabilities are clear. ✅ Legal process guidance: A professional legal team will assist you in completing various legal procedures required for cross-border inheritance distribution to ensure that everything is legal and compliant. ✅Careful follow-up throughout the entire process: We have professional teams from Hong Kong and Mainland China who are familiar with inheritance matters and can help you break cross-border barriers and successfully inherit your inheritance.

Each country has different intestacy laws to deal with the distribution of assets of people who passed away without a valid will. Two important keys in this regard are the Intestate Estate Ordinance (Cap. 73) and the Wills Ordinance (Cap. 30). Learning about these laws can help you in the crucial event that your loved one dies intestate. The goal of these laws is to ensure a fair distribution of the deceased's estate among relatives. This article will discuss how assets will be divided, and what relatives can do to manage them. Intestate Estate Ordinance in Hong Kong According to the Intestates' Estates Ordinance (Cap. 73) when a person dies while not executing a will in Hong Kong, then the estate of that person will be distributed and that person is called an intestate in this case. There are many possibilities for someone not taking care of a will while they are alive, due to sudden illness, being away from relatives, new marriages, or various other personal reasons. If there are relatives who suddenly want to take care of the inheritance of someone who has died, and after checking it turns out that person has never made a will, then they must obtain a Grant of Letters of Administration from the Probate Registry. Those who are entitled to apply for the Grant of Letters of Administration for inherited assets are the people regulated in rule 21 of the Regulations. There are highest priorities starting from a surviving spouse, children, parents, siblings, grandparents, uncles and aunts. Those who are able to obtain a Grant of Letters of Administrations are able to deal with the estate in accordance with the Intestates Estates Ordinance. After arranging for the funeral of the deceased and obtaining the Grant of Letters of Administration, the administrator must settle any debts, expenses, and collate all the assets of the deceased. Now, the estate will be distributed to the beneficiaries in accordance with section 4 of the IEO, and will be explained below. Entitlement on Intestacy If there is only the spouse, no children/grandchildren of the deceased, parents, full siblings or children/grandchildren of full siblings, then the entitlement arrangement is handed over to the surviving spouse. If there is a spouse and children/grandchildren of the deceased and other immaterial relatives, the surviving spouse gets personal chattels and half of the residual estate and HK$500,000. The other half for statutory trust (refer to the Intestate Estate Ordinance) for the surviving children/grandchildren. For the spouse and one or more of the relatives such as parent or full sibling or children/grandchildren of full sibling, the surviving spouse gets personal chattels, half of the residual estate, and HK$1,000,000. The other half for the surviving parents or on statutory trusts for the full siblings. For no spouse and only children/grandchildren of the deceased, the entitlement arrangement is all for the surviving children/grandchildren on statutory trust. For no spouse, no children, only parents, all rights go to parents. If there are only full siblings, no spouses, children, or parents, all rights go to full siblings on statutory trusts. The law will continue according to who the recipient is, and who the remaining family is. For half siblings, grandparents, full uncles and aunts, half uncles and aunts, it will be handed over according to the administrator on statutory trusts. Especially for someone who has no relatives at all, everything will be taken care of by the Hong Kong Government as unowned property. Distribution of Estates (resume) The distribution of an intestate's estate will be sorted according to priority, starting from spouse and children, then parents, full siblings, half siblings, grandparents, full uncles and aunts, half uncles and aunts, and so on. If the remaining people in the family are a spouse and children, the spouse gets household items or personal chattels, HK$1,000,000 in cash, and part of the remaining property. The children will share the other half. If the deceased person only has a spouse without children, the spouse gets personal chattels, HK$1,500,000 in cash, and half of the remaining estate. The remainder of the estate will be divided between the deceased's surviving parents or surviving siblings. That order will continue to be repeated according to priority, unless there are special conditions where the person who died has no relatives at all, and the price will be managed by the Hong Kong Government as unowned property. Do you know the procedure of inheritance in Hong Kong? In case of inheritance, a legal personal representative must be appointed to manage the inheritance. This representative, known as an administrator, is usually the highest ranking relative according to inheritance rules. Administrators must apply for a Grant of Letters of Administration from the High Court Probate Registry before they can deal with the deceased's assets as we discussed above. Conclusion The intestate estate ordinance in Hong Kong provides a systematic approach to dividing the estate of a deceased person in the absence of a valid will. However, these laws may not reflect the deceased's personal wishes when creating their own will. Immediately make a will for your beloved family, because we can provide comfort for the family in the future, and also ensure that there is no will in your name that has been registered and could be considered fraud. Therefore, it is always advisable to seek professional legal advice and consider making a will and how assets will be divided according to one's wishes. Making a will is complex and there is a lot to take care of. Even though we already know the intestate estate ordinance, we still don't know exactly what we need to prepare to make a valid will. Knowing this, you need SMEBrother as your one stop solution for everything regarding wills. SMEBro provides services including: ✅ Estate Survey and Assessment: A comprehensive survey and assessment of the estate will be conducted to ensure that all assets and liabilities are clear. ✅ Legal process guidance: A professional legal team will assist you in completing various legal procedures required for inheritance distribution to ensure that everything is legal and compliant. ✅Careful follow-up throughout the entire process: We have professional teams from Hong Kong and Mainland China who are familiar with inheritance matters and can help you break cross-border barriers and successfully inherit your inheritance.

The estate of a person who dies intestate with an estate in Hong Kong shall be distributed in accordance with the provisions of the Intestates' Estates Ordinance, Chapter 73, Laws of Hong Kong, as follows (1) If there is only a spouse and no children, parents or full blooded siblings or heirs of full blooded siblings, the estate shall be inherited by the spouse.(2) If survived by a spouse and heirs, the spouse shall receive first an interest in the estate of HK$500,000 and the remainder shall be divided into two shares, one to be received by the spouse and the other to be equally divided among the children.(3) If the deceased leaves no children but leaves a spouse and any of the following: a parent, a full-blooded sibling or a child of a full-blooded sibling, the spouse shall receive first an interest in the estate of HK$1,000,000 and the remainder shall be divided into two shares, one for the spouse and one for the parent, if the parent survives him or her, or if there is no parent, the whole of the estate, or the whole of the children, and the remaining part shall be divided into two shares, one for the spouse and one for the children. If there is no surviving parent, the remaining portion shall be divided into two shares, one for the spouse and the other for his or her father or mother, both of whom shall receive the same share if they are survived by their parents, and if there is no surviving parent, then the share shall be divided equally amongst all the brothers and sisters.(4) If the deceased is survived by children and does not leave a spouse, the children shall share his estate equally.(5) If the deceased does not leave a spouse, children or parents, the following persons shall be beneficiaries, in that order of priority(i) brothers and sisters of full blood; (ii) brothers and sisters of half blood; (iii) brothers and sisters of half blood.(ii) siblings of half-blood; (iii) grandparents and grandchildren; and(iii) grandparents; and(iv) siblings of full blood (i.e. half-brothers and half-sisters) of their parents, i.e. uncles, aunts, uncles, aunts and aunts; (v) half-brothers and half-brothers of their parents, i.e. aunts, uncles, aunts and aunts; and(v) siblings of half blood (i.e. half-brothers or half-brothers) of their parents, i.e. uncles, aunts, uncles and aunts.Such a distribution of estate may cause great problems and bring a lot of inconvenience to the heirs. Example 1A family of four, the father died, leaving the mother with a son and a daughter. The estate consists of a residential unit valued at HK$12,000,000 and HK$500,000 in cash, which the father held separately and lived with the mother. After the death of the father, according to the "Intestates' Estates Ordinance", the mother can get HK$500,000 first, and the remaining residential unit with a market value of HK$12,000,000 has to be divided into two, with the mother getting HK$6,000,000, and the son and the daughter getting the remaining HK$6,000,000, i.e. HK$3,000,000 each. 000, i.e. HK$3,000,000 each. The problem arises that if the son or daughter asks to sell the flat to get his/her share of the money, the mother cannot refuse and the mother may lose her home. Example 2Many young couples in Hong Kong nowadays do not want to have children. If the husband dies and they have no children, but they have surviving parents or siblings, the total value of the husband's estate is HK$11,000,000, and the wife receives HK$1,000,000, and the rest of the HK$10,000,000 has to be divided into two parts, each of which is HK$5,000,000, and the wife receives one part, and the other part has to be given to her. The wife gets one share and the other is to be given to the deceased husband's parents, or if the parents are deceased, to the husband's siblings in equal shares, which may not be the couple's wish. Of course, if the family is characterized by filial piety and brotherly love, the situation mentioned in the above examples will not occur. Family members may be willing to transfer their benefits from the estate to a certain family member, such as the children in Example 1 may transfer their interests to their mother, the in-laws in Example 2 may transfer all the benefits from their son's estate to their daughter-in-law, or the siblings may transfer all the benefits from their brother's estate to their sister-in-law. The parties concerned need to sign a Deed of Family Arrangements. However, the signing of this Deed requires the payment of additional solicitor's fees, and if the interests to be transferred include properties, stamp duty may have to be paid, and all these troubles can in fact be avoided by the signing of a will by the deceased before his death. Some people may think that there is no problem if the deceased's spouse is allowed to hold all the deceased's estate without signing a deed of family arrangement or asserting his/her rights on the basis of mutual trust, as the family members are harmonious anyway. However, things change. If a beneficiary has financial problems and goes bankrupt, the Official Receiver may recover his/her interest in the deceased's estate on behalf of his/her creditors; or if a beneficiary is divorced, his/her divorced spouse may recover his/her interest in the deceased's estate in the Family Court as part of the distribution of the divorced couple's property. So, a will is better than no will at all!