Gifts

Yes. You can leave a fixed cash amount to a person or organisation in a Hong Kong Will under the general power to dispose of property in section 3 of the Wills Ordinance (Cap. 30). Identify the recipient clearly and consider naming a substitute in case the intended recipient dies before you or cannot receive the gift. You should also decide what happens if the estate does not contain enough money to meet every debt, expense and gift. Review the amount over time because inflation and changes in your estate may alter what the gift represents.

You can leave a charity a cash amount, a specific asset, a percentage, or all or part of your residuary estate. Use the organisation’s full legal name and identifying details, and confirm them with the charity before signing your Will. The Inland Revenue Department provides a searchable list of tax-exempt charities, although tax status alone does not settle whether you have identified the intended legal entity correctly. Consider stating what should happen if the charity later changes name, merges or no longer exists. For a restricted purpose or substitute-charity clause, obtain advice on the wording.

Describe the item precisely enough for your executor to distinguish it from similar property. Useful details may include its type, maker, model, serial number, distinguishing features or storage location, but avoid wording that becomes inaccurate after an ordinary move. Name the beneficiary clearly and consider a substitute recipient. Also say what should happen if you no longer own the item when you die. Section 3 of Hong Kong’s Wills Ordinance (Cap. 30) allows property to be disposed of by Will, but whether a particular gift takes effect depends on the property you own and the Will’s wording at death.

A specific gift identifies particular property or a fixed amount, such as a named painting or HK$50,000. A residuary gift gives all or a stated share of what remains after the estate’s debts, expenses and other gifts have been dealt with. Residuary gifts are important because they can cover property not dealt with elsewhere in the Will and certain gifts that fail. The exact outcome still depends on the Will’s wording and the assets in the estate. Hong Kong’s Wills Ordinance (Cap. 30) provides the statutory framework for disposing of property by Will.

The outcome depends on the Will, the type of gift and the beneficiary’s relationship to you. A gift may fail if its recipient dies before you, so a substitute-beneficiary clause can help make your intention clear. Section 23 of Hong Kong’s Wills Ordinance (Cap. 30) provides a limited exception for a gift to your child or other descendant who dies before you but leaves descendants living at your death, unless the Will shows a contrary intention. That exception does not protect every beneficiary. Review your Will after a beneficiary dies rather than assuming who will receive the gift.

The gift may fail if the particular item is no longer part of your estate, but the result depends on the Will’s wording and what happened to the asset. Selling an item, replacing it, changing its ownership or receiving sale proceeds can produce different outcomes. The Hong Kong Community Legal Information Centre explains this issue as ademption. Review your Will when you sell or replace an important named asset. If you want a beneficiary to receive a replacement item or the sale proceeds, seek advice on express wording instead of assuming that the gift will transfer automatically.

You can use a Hong Kong Will to leave cash, a particular item or asset, a share of an asset, or all or part of your residuary estate—the property left after debts, expenses and earlier gifts have been dealt with. Section 3 of Hong Kong’s Wills Ordinance (Cap. 30) provides that property may be disposed of by Will. However, an asset only passes under your Will if it forms part of your estate, so check how jointly owned property, nominated benefits and assets held through companies or trusts are treated. Describe each gift and beneficiary clearly, and name a substitute where appropriate.