We understand that we will not take all our possessions with us after we die. Before that happens, we can make a will and distribute it to our spouse, children, or family, hoping that they can use your assets wisely later. Make the will is important in Hong Kong as a valid legal document to minimize the risk of disputes somewhere in the future. SMEBrother will provide guidance for you on several things you should know about will in Hong Kong, such as things to consider, what happens if you don't have will, etc.
How to make the will
Making a will require a lot of consideration, and you can consult an agency or someone who is an expert in the field so that you don't make a mistake in determining how your will is made. Make the will is necessary to reduce the risk of your family fighting over your assets, and you can make it according to your heart's wishes without any coercion from anyone.
Before making a will, the main requirement is that you must be over 18 years old and physically and mentally healthy. Everything related to wills in Hong Kong is regulated in the Wills Ordinance (Cap. 30). For more details, you can read it from section 1 to the end.
You can make a will by hiring a solicitor or by personal desire. The legal requirements for a will to be valid is that a will must be handwritten and signed by you. When you sign the will, there must be two witnesses who witness it directly, with the witnesses having to be over the age of 18. The witnesses cannot be a beneficiary of your will, so you have to prepare this person, who can be from the solicitor or from a family that has nothing to do with it.
The will can be written in any language, but it is preferred to use Mandarin or Chinese, compared to English or other languages. This will make it easier for the will recipient to take care of it because things are not complicated, and you don't have to bring in a language expert to take care of your will in Hong Kong.
To make it easier for you to make a will, the following things must be present:
- A will from your personal writing
- A will with your signature (inked thumbprint, stamped signature, initials, a name, mark of any shape) Or from other people according to the will maker's direction and presence
- The testator must intend to execute the will with his/her signature
- Sign the will with the presence of two witnesses at the same time
- Each witness validates and signs the will or acknowledges the signature, in the presence of the testator (but not necessarily in the presence of other witnesses). Although no form of attestation is required, it is usually more appropriate to include an attestation clause in the will
- Don't choose witnesses from your immediate family, because section 10 of the Wills Ordinance shows that witnesses cannot be from someone who is the beneficiary of your will or they will lose the right to handle your estate
- For clarity of your will, date your will before signing, and place the signature at the end of the contents of your will. The witness can sign next to yours while you and the witness seeing each other's signatures in accordance with section 5 of the Wills Ordinance
What if one day you want to change the contents of the will or revoke the will for some reason? You can create a new will by taking the same steps as above to revoke the previous will. As clarity for your new will, tear up the original one to avoid any confusion or challenge to the new will.
Things to consider before make the will
The main thing in a will is the intention of the person making the will and the person's capacity when making the will. A Will will be valid if a testator can show their intention about the will which takes effect upon their death, and their capacity when making the will.
A testator can indicate their intention by starting words in the will such as "This is the Last Will and Testament of [a name]" or hiring a solicitor to write the will. If you are blind or cannot read or write, or want someone to sign the will on your behalf, you must indicate that you approve the content of the will when signing. You can ask one of the witnesses to read the contents of the will until the matter of making the will is finished.
Making a Will in Hong Kong
A testator can show their capacity if they are over 18 years old and have the mental capacity to know the content of the will and agree with the content in the will. If a testator were extremely ill or mentally ill, or under medication, they need to prove that during production they were aware and agreed to the will content until a signature was added.
The court requires proof that at least one medical practitioner checked the mental capacity of the ill testator before a will is valid, while witnessing the entire process. If there is undue influence or fraud is detected, then the will can be challenged.
What happens when you don't make the will?
The deceased's assets are distributed in accordance with the Intestates' Estate Ordinance. This means that the spouse, descendant(s), siblings, or other family members can be entitled to inheritance. There is a level of priority for someone who obtains permission to manage the deceased's person's assets using the Grant of Letters of Administration which is regulated in rule 21 of the Non-Contentious Probate Rules.
Unlike you who have a will, someone you name in the Will will get a Grant of Probate. The inheritance will be arranged according to what you write and how you will divide the assets. Ensure that you can check your active will, and take care of it if you want it to be changed or revoked for some reason.
Making a will is easy, but you need someone who is an expert and can guide you from the first steps of making a will until the will is valid. SMEBrother can help you with all matters regarding wills, from administration to comprehensive will consultations.
SMEBro provides professional 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 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 barriers and successfully inherit your inheritance.
