News

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.

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.

You have assets and property in Hong Kong, and you want to arrange a will for your family in the future. Making a legal document such as a will is necessary in Hong Kong, because there are certain laws to indicate a person's wishes for distributing their assets and property after their death. The laws applicable to a will in Hong Kong are set out in the Wills Ordinance. This article will explain how to make and sign a will, what inheritance law is, how to contest a will, and how it can be revoked. Reasons to making a will The will gives each individual the opportunity to decide how their assets are distributed. You can draw up a will document by yourself, but it is better to ask a specialized legal aid for advice when discussing the division of assets, and how to make it from the start. The distribution of property after a person dies is carried out in accordance with the Inheritance Law Cap. 481 of the Laws of Hong Kong. This law will help the Court to dictate how the assets will be distributed among certain family members. A will can specify how the assets will be inherited by the beneficiaries, and can state the deceased's choice regarding executors, and guardians to their children under the age of 18. Writing a will in Hong Kong can be complicated, especially for someone who wants to make a special distribution for their assets. You can seek assistance in these matters through agencies that are experts in their fields if you find it difficult to arrange a will from the start. Wills can change how assets are divided among relatives (other than as provided by state law) and allow individuals to also allocate some assets to non-necessary beneficiaries, such as friends or charities. In these situations, where the deceased has not had the opportunity to leave a will, the assets are distributed in accordance with the Intestates' Estate Ordinance. This means that the spouse and descendants or descendants and siblings of the deceased can be entitled to inheritance. You can draw up a will yourself or with an agency for a detailed explanation of which assets can be distributed, and adapt it to your case. Signing a will The will is only valid if it shows a true reflection of the deceased's wishes, must be left in writing and signed by the testator. To avoid further complications, the will must be written in Chinese or English. A will in Hong Kong will protect an individual's wishes and intentions, and can avoid the application of laws and regulations governing the distribution of inherited assets. The Wills Ordinance provides important information about how to sign and testify a will to make it valid. There are four important conditions that you must pay attention to: The form and signing of the will must be done in writing either by the testator or another person, either with the person concerned present or according to their direction. Validation is done with the testator's signature, and the will can only be valid if the testator does intend to give a sign. Signing a will needs to be attended by more than 2 witnesses and present during the procedure. The witness has the duty to authenticate and sign his/her own will, or acknowledge that the testator's signature is witnessed by him/her, and does not need to submit this acknowledgment to other witnesses. Witnesses may not be beneficiaries of the will. It is best for you to ask the agency for help regarding the requirements for appointing witnesses. The heir must understand and comply with legal formalities, so that the will can be valid and not be considered invalid due to non-compliance. A will must be dated before it is signed, and the testator has the right to change or revoke the will during his or her lifetime, and any changes must be signed by the testator. A will that is executed according to the applicable provisions is valid without needing to be announced. What is inheritance law in Hong Kong? Inheritance laws in Hong Kong abolished estate tax in 2006 so there is no tax on gifts or wealth. Hong Kong laws apply equally to residents and non-residents and regardless of religion or gender. Therefore, there are no restrictions on who the deceased inherits property from, with the special condition that they are over 18 years old. The main Hong Kong laws relating to inheritance and succession are: Wills Ordinance, Intestates' Estates Ordinance, Inheritance Ordinance, Probate and Administration Ordinance. Wills Ordinance is the main law relating to wills, contains the definition, types of a will, annulment, conditions for validity, etc. The Inheritance Ordinance allows the court to issue an order that the assets of a deceased person be given to certain members of the person's family and to certain dependents of the deceased person. The Probate and Administration Ordinance is a law regarding probate and administration letters and how to handle the inheritance of deceased people through these letters. And matters relating to the distribution of intestates' estates are in the Intestates' Estates Ordinance. How do I revoke a will? The inheritance law in Hong Kong allows a person to revoke a will for several situations, such as marriage, the existence of another will, written revocation, and destruction. The testator can create another valid will document, and make the old will invalidated. A will may be revoked because of the testator's marriage, but it may also be that the testator wishes to marry and intends that the disposition will not be revoked. Without a will, how will the inheritance be inherited? A will can be revoked by means of a written and legally signed revocation, or the testator chooses to destroy the document, either directly or by ordering another person in front of him with the intention of revoking the will. A will cannot be revoked simply on the assumption that such intention existed. You can ask the agency for a more detailed explanation about what situations allow someone to revoke a will, and are there conditions where the will still exists even though there are conditions such as the testator remarrying or so on. What is the procedure for making a will in Hong Kong? If the heirs are dissatisfied with their relatives' decision to inherit the inheritance, they have the possibility of making a will in Hong Kong. To distribute the property of an individual with or without a will, you must obtain a Grant of Representation from the Probate Registry of the High Court of Hong Kong. This document can be used by a certain individual to have authority to distribute the assets of the deceased. A person's heirs can raise legal grounds to contest a will, if they have been denied their right to their inheritance and believe they have been wronged or if its provisions do not satisfy them. Some of the most common reasons for contesting a will in Hong Kong are lack of testamentary capacity (the testator was not yet 18 years old when created the will, or elderly individuals who do not have the capacity to execute the will), the will was not executed properly, lack of number of witnesses, fraud or forgery. If you believe that the will that has been made is not in accordance with the law, you can ask an expert to analyze the case and determine the legal grounds for contesting a will. The importance of taking care of a will requires you to study it in detail, as well as an agency that is ready to help you with processing a will, understanding the laws that apply in Hong Kong, or important matters such as revoking or contesting a will. SMEBrother is the solution for 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 successfully inherit your inheritance. You can ask us about anything related to wills, and SMEBrother team is always ready to take care of your will needs.