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Wills & Probate
Are you planning to write a Will or deal with a loved one's estate after their death?
Planning your estate can be a complex matter, especially when your assets are located in and outside of Hong Kong. A poorly drafted Will may render the terms therein unenforceable, lead to unnecessary disputes or even litigation. On the other hand, if you decide not to draft a Will, then the distribution of your assets will be determined by the laws of intestacy of Hong Kong.
According to section 5 of the Wills Ordinance (Cap. 30), in order for a Will to be enforceable in Hong Kong, all of the following formalities must be complied with:
The Will must be in writing and signed by the testator (i.e. the person making the Will) or or by some other person in his presence and by his direction;
The testator must appear to intend by his signature to give effect to the Will;
The testator's signature must be made or acknowledged by the testator in the presence of 2 or more witnesses present at the time the testator signs or acknowledges the Will;
Each witness must either attest and sign the Will or acknowledge his signature in the presence of the testator. (but not necessarily in the presence of any other witness).
See other legal services:
In addition, according to section 10 of the Wills Ordinance (CAP. 30), the witness and his/her spouse cannot be a beneficiary in the Will.
Common legal services provided include:
Drafting Wills and Codicils
Witnessing the signing of Wills
Advising on estate planning
Drafting Deeds of Family Arrangement
Applying for grants of probate & letters of administration
Advising and representing you in probate disputes in the High Court of Hong Kong
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