News

Finding the right lawyer in Hong Kong for trusts and wills is crucial for securing your family's future and ensuring your assets are distributed according to your wishes. By understanding your needs, seeking referrals, assessing expertise, and prioritizing compatibility and communication, you can confidently select a lawyer who will safeguard your legacy.

Every person who has a lot of assets or property in Hong Kong certainly thinks about a lot of things in the future about how to manage these assets and property so that they can continue to be passed on to the family. One way to ensure that every asset will be distributed according to your wishes if something happens to you in the future is to make a will. A will is a legal document that serves to show someone's wishes regarding how their assets and property will be distributed after their death. The Wills Ordinance is a law that regulates wills in Hong Kong. We will explain what happens if you make a will, and what about Hong Kong inheritance law no will. Is a will necessary? It's necessary if you want to pass on your assets and property to your family or appoint a specific person and hand over everything after you die. The High Court can find out what you want for your assets according to your will, whether you want to divide them equally between close family members, friends or charities. There are many cases of disputes over the assets of someone who died because there was no will, and the High Court will deal with it in accordance with inheritance law and is called intestate (a Hong Kong resident dies without a will, there is a fake will, or the valid will has been revoked). Making a will is necessary to ensure that you want to distribute assets according to your wishes without coercion by anyone, and there are witnesses who witness that you make the will in a physically and mentally healthy condition. Although the beneficiaries of your will do not have to know when you make the will and cannot be witnesses, as long as the will is valid, someone named in the will can take care of the deceased's assets later. Is making a will in Hong Kong difficult? The Hong Kong inheritance law no will, will be more difficult to administer and the process will take longer compared to someone who has prepared a will in advance. Making a will in Hong Kong is not difficult, but you have to understand several conditions so that your will can be valid. The main conditions for a will must be in writing, signed by the testator and can only be valid if it shows a true intention of the deceased's wishes. The will maker must be physically and mentally healthy and over 18 years old. To make it easier to manage your family's will, please make a will in Chinese or English. The Wills Ordinance has a lot of important information regarding the procedures for making a will in Hong Kong. The form and signing the will must be written by the testator or other person appointed in his/her presence or in accordance with his/her direction. The validation sign is in the form of a fingerprint or signature from the testator. There must be signatures from 2 witnesses who come during the procedure. And the duties of the witnesses saw directly when the testator wrote and signed the will, and the testator saw them both sign the same will. Making a Will in Hong Kong A person named in a will needs to arrange a Grant of Probate and wait for a decision from the High Court regarding the assets they will receive. The time for managing assets varies, depending on how much property is left behind by the asset owner and how complex it is. How someone's assets are going to be distributed in Hong Kong? Dividing assets will be easy if it is written in detail in the will. But this will be different from Hong Kong inheritance law no will. You can take care of the assets of a deceased person by taking care of a Grant of Letters of Administration. The High Court will award a Grant according to the priorities written in section 4 of the Intestates' Estates Ordinance. If the deceased leaves only a spouse, without descendants, parents, brothers or sisters of the same parents, then the surviving spouse is entitled to the residuary estate (the assets minus the deceased's taxes, debts, funeral, legal and administration expenses from the estate). If the deceased leaves behind a spouse and descendant(s), whether or not survived by his/her parents or siblings, the surviving spouse gets all of the deceased's personal chattels, and a sum of HKD500,000 from the residuary estate. If after HKD500,000 has been paid and there is still remaining amount, it will be divided in half. One half will be divided to the surviving spouse, and the other half will be divided equally among the child(s) of the deceased. If the deceased leaves a spouse, parents, siblings, but no descendant(s), the parents and siblings get a share in the deceased's estate, even if their spouse survives. With rule the surviving spouse gets all of the deceased's personal chattels, a sum of HKD1,000,000 from the residuary estate, and the remaining sum would be divided in half. One half will be shared with the surviving spouse, and the other half will be shared with the surviving parent(s). If one or both parents survive, the siblings cannot get a share of the deceased's property. They will only get part of the estate if the deceased leaves no descendant(s) and no parents. If the deceased leaves descendant(s) but no spouse, the residual estate will be distributed according to the rules: divided equally among the children, and the grandchildren will not get any part of the estate. However, if a child has predeceased the person who died and left behind his own children, then the children of the child who died will take the share that should have been given to the child who died (if there is more than one person then it is divided equally). Regulations for Hong Kong inheritance law no will You can read all matters regarding the distribution of assets of someone who has died without a will in the Intestates' Estates Ordinance. Even if the deceased person does not administer the will, the High Court still has priority in accordance with inheritance law as to who is entitled to receive the assets. If there is a spouse, child, parent or sibling who is abroad or the Hong Kong resident has assets abroad, then this will be handled according to cross border. There are many possible cases such as someone who has assets in Hong Kong or vice versa. This is all regulated in the Wills Ordinance, and you need to read it in detail so that you are not confused about how to manage the estate and property of the family of the person who died. If by chance there is a person who does not have any family left in Hong Kong, and the High Court has been waiting for some time, no one has reported to obtain a Grant of Letters of Administration, then the state has the right to deal with the assets left behind or become unowned property according to with written inheritance law. There are many things that we need to know about wills, so we must immediately make a will for our family in the future. To make it easier for our family later to take care of our valid will, you need an agency to be our advisor on how to make a will in accordance with our intentions, and appoint witnesses so that the will complies with the existing provisions. SMEBrothers provides will making, consultation and professional cross-border estate notarization services to ensure that the estate can be properly managed and distributed. 💪💪   Services in SMEBro 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.

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.

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.