Probate & Wills

A Will is a legal document taking effect upon the death of a testator regarding the disposition of his property on death. By having a Will, you may make your own decision regarding the disposition of your property to the beneficiaries of your choice. You may also appoint executor(s) to administer your estate and testamentary guardian(s) for your minor children.

A Will should be in writing, and signed by the testator with the intention to give effect to the Will, or by some other person in his presence and by his direction, and in the presence of 2 or more witnesses present at the same time who must attest and sign the Will, or acknowledge his signature, in the presence of the testator. A document purporting to embody the testamentary intentions of a deceased person shall, notwithstanding that it has not been executed in accordance with the above requirements, be deemed to be duly executed if, upon application, the court is satisfied that there can be no reasonable doubt that the document embodies the testamentary intentions of a deceased person.

An executor is the person appointed by the testator under the Will to administer the estate in accordance with the provisions of the Will. This involves the identification and collection of assets, payment of debts and liabilities owed by the estate and expenses for administration of the estate, and the distribution of the assets to the beneficiaries.

A person who is over the age of 21 years old or a trust corporation may be appointed to be an executor of a Will.

You may name any person, for example a family member or any institution, such as a charity to be the beneficiary of your Will.

The original Will is required for applying for the Probate of the estate of a deceased person. Under Hong Kong laws, where a Will last known to be in the testator’s possession but which cannot be found at his death, unless there are some special circumstances, it is presumed that the Will has been destroyed by the testator with the intention of revoking it.

Your estate will likely be administered and distributed in accordance with the laws of intestacy of your place of domicile.

The Revenue (Abolition of Estate Duty) Ordinance 2005 came into operation on 11 February 2006. No estate duty will be payable in respect of deaths occurring on or after that date.

A Probate (for a person died leaving a Will) or Letters of Administration (for a person died without leaving a Will) has to be applied from the Hong Kong Court for administration of the estate of a deceased person in Hong Kong.

An EPA is a legal document that allows its donor (the person who wishes to give his power of attorney to someone), while he is still mentally capable, to appoint an attorney(s) to take care of the donor’s financial matters in the event that the donor subsequently becomes mentally incapacitated. Unlike a normal power of attorney that will cease to have effect as soon as its donor becomes mentally incapacitated, the EPA will continue to be in effect.

Yes, an EPA can take effect even before the donor becomes mentally incapable. If a donor does not specify a date for the commencement of his EPA or an event to trigger its commencement, the EPA will commence upon its execution (i.e. as soon as it is signed before a solicitor).