Making a Will in Hong Kong

You may prepare your own Will in Hong Kong; a lawyer is not required simply because it is a Will. It must still meet the legal requirements for execution, and unclear or unsuitable wording can create problems later. The Investor and Financial Education Council confirms that self-drafting is permitted and recommends professional advice to help ensure validity. Professional advice is particularly sensible for overseas assets, businesses, trusts, blended families, possible disputes or other complex arrangements.

Do not simply cross out, write on or make changes to your signed Will. Changes made after signing may not be legally effective.

Under sections 13, 16 and 17 of the Wills Ordinance (Cap. 30), a Will can be revoked in several ways, including by making a new valid Will or a properly executed written revocation. Certain alterations to a Will must also meet specific signing and witnessing requirements.

For substantial changes, making a new Will is often clearer and can help avoid confusion about which version is valid. If you want to make changes to your Will, we recommend having it properly updated rather than altering the signed original yourself.

If you have an existing Will, keep the original safe until your new Will has been properly signed and completed.

Getting married will generally revoke an existing Hong Kong Will, unless an exception applies. Under section 14 of the Wills Ordinance (Cap. 30), a Will can be made in contemplation of a particular marriage. If your Will was made in contemplation of your marriage, it can remain valid after you get married.

Divorce or annulment has a different effect. Under section 15, your Will will generally be treated as if your former spouse had not been appointed as an executor or trustee and had not been left any gifts under the Will, unless your Will shows a different intention.

We recommend reviewing your Will before getting married and after a separation, divorce or annulment, as the effect can depend on the wording of your Will and your circumstances.

No. A valid Hong Kong Will does not need to be registered or published for it to take effect. Section 8 of the Wills Ordinance (Cap. 30) provides that a Will properly executed under section 5 is valid without any further publication.

After signing your Will, keep the original in a safe place and make sure your executor knows where it is and how to access it.

If your Will needs to be used in Hong Kong probate proceedings, the Hong Kong Judiciary’s probate practice guide lists the original Will and a clean copy among the documents required for a testate application.

If the original Will is lost or damaged, immediately reach out to your Will specialist to redo a new version.

If you die without a valid Will in Hong Kong, your estate will generally be distributed according to the rules of intestacy rather than according to your personal wishes.

The Hong Kong Government’s Family and Women Portal explains that the distribution of an intestate estate is governed by the Intestates’ Estates Ordinance. The outcome depends on which family members survive you and your circumstances. When applying for Letters of Administration, relatives may also need to establish their entitlement or provide a renunciation where applicable.

Making a Will allows you to appoint an executor and set out how you would like your estate to be distributed. If you have a more complex family situation, significant assets or assets in other countries, you may wish to seek professional advice.

A Hong Kong Will generally needs to be in writing and signed by the person making the Will, with the intention that the signature gives effect to the Will.

The signature must be made or acknowledged in the presence of two witnesses who are present at the same time. Each witness must then sign or acknowledge their signature in the presence of the person making the Will.

These requirements are set out in section 5 of the Wills Ordinance (Cap. 30).

Other factors, such as the person’s age, mental capacity, whether the Will was made voluntarily, and the choice of witnesses, can also affect whether a Will is valid. If any of these issues may be relevant, professional advice should be obtained.