Last Will and Testament

Overview

A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

Legal Requirements

Under Hong Kong laws, a will is only valid if it complies with the following requirements.

  • it must be in writing;
  • it must be signed by the testator (or a person in presence of the testator and at his/her direction); and
  • the signature of the testator on the will must be witnessed by two persons (aged 18 or above) present at the same time who should then sign the will in the presence of the testator.

It should be noted that the witness (and his/her spouse) should not be a beneficiary under the will. If a beneficiary or his/her spouse witnesses the will, the gift to that person under the will is void.

Subsequent Changes

Any subsequent changes to a will (also known as a codicil) must comply with the same signing and witnessing rules above. 

A new will should be prepared if important changes are made to the will. The new will should say that all previous will(s) and codicils are revoked and that only the new will is valid.

Time and Fees Involved

The fees involved in preparing a will depend mainly on the complexity and the amount of properties involved.

If you have additional questions which are not addressed here or wish to schedule an appointment, please contact us by telephone on +852 2176 4777 or by email at [email protected].

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