Family Law & Divorce
Frequently Asked Questions About Making a Will in Hong Kong
All the things you need to know about Making a Will in Hong Kong
What is a Will and why do I need one in Hong Kong?
A Will is a legal document that sets out how your assets should be distributed after your death and who will manage your estate (the executor).
Without a Will, Hong Kong’s intestacy rules apply. This is a fixed statutory formula that divides your estate in a set order, regardless of your personal wishes. It can produce unintended and often unwanted results, particularly for expats with cross-border families, unmarried partners, blended families, or assets held in multiple jurisdictions. Having a valid
Will gives you control over who inherits, who administers your estate, and if you have children, who cares for them.
What makes a Will legally valid in Hong Kong?
To make a valid Will in Hong Kong, you must:
- Be at least 18 years old and of sound mind;
- Put your wishes in writing and sign voluntarily;
- Sign in the presence of two independent witnesses, who must then sign in your presence;
- Ensure the witnesses are not beneficiaries of the Will (or married to a beneficiary).
A Will that fails any of these requirements may be declared invalid, in which case the estate is distributed under intestacy rules as if no Will existed. It is also strongly recommended that the Will is drafted or reviewed by a qualified solicitor to avoid ambiguity, drafting errors, or unintended consequences.
Who should I appoint as executor of my Hong Kong Will?
Your executor should be someone you trust to manage your estate, commonly a spouse, adult child, or trusted friend.
The executor’s role includes locating and valuing assets, paying debts and taxes, applying for probate, and distributing the estate to beneficiaries.
For high-net-worth or multi-jurisdictional estates, appointing a professional executor (a solicitor or trust company) is often preferable to avoid conflict, jurisdictional complications, or the practical difficulty of having an executor based overseas.
You may appoint more than one executor, and it is sensible to name a substitute executor in case your first choice is unable or unwilling to act.
When should I make a Will?
As soon as you own assets or have dependants. In practice, most people should have a Will in place by the time they start working, acquire property, marry, or have children.
You should review your Will after any major life event such as marriage, divorce, birth of a child, relocation to or from Hong Kong, or a significant change in your assets.
Marriage automatically revokes an existing Will in Hong Kong unless it was made in contemplation of that marriage.
This is a common misconception for people who assume their pre-marriage Will still stands.
Can I change my Will later?
Yes, at any time while you have mental capacity to do so:
- Minor updates: execute a codicil to amend specific terms while keeping the rest of the Will intact.
- Substantial changes: execute an entirely new Will that expressly revokes all prior versions, and physically destroy the old original to avoid disputes.
For most substantial life changes, a new Will is safer and cleaner than layering codicils, which can create confusion or contradictions.
Do I need a separate Will for overseas assets?
A Hong Kong Will can cover overseas assets, but foreign succession laws may still apply to assets located abroad, particularly for immovable property (real estate), which is generally governed by the law of the country where it sits.
Some jurisdictions also impose compulsory heirship rules that override the terms of a foreign Will.
For people with property, accounts, or investments in multiple jurisdictions, separate Wills in each jurisdiction, carefully drafted so they do not accidentally revoke each other, are often the cleanest solution. Coordinated cross-border estate planning also reduces delay, duplicated legal costs, and tax exposure for your beneficiaries.
Enduring Power of Attorney (EPA)
What is an Enduring Power of Attorney (EPA) in Hong Kong?
An EPA is a legal document by which you appoint one or more trusted persons (your attorneys) to manage your financial affairs and property in Hong Kong if you lose mental capacity.
Unlike an ordinary power of attorney, which automatically ceases the moment the person granting it loses capacity, an EPA “endures” and remains valid after capacity is lost. This makes it a critical planning tool for anyone concerned about dementia, serious illness, or incapacity through accident.
What can my attorney do under an EPA?
A caveat is valid for six months from the date of filing, and can be renewed by lodging a further application before it expires.
Why should I put an EPA in place?
Without an EPA, if you lose mental capacity, your family cannot simply step in to manage your finances. They would need to apply to the court under the Mental Health Ordinance to be appointed as a Committee of the Estate, a process that is expensive, slow (often taking many months), and public.
An EPA avoids all of that by allowing your chosen attorney to act immediately once the EPA is registered, ensuring continuity in paying bills, managing property, and maintaining household finances.
How is an EPA registered in Hong Kong?
An EPA must be registered with the High Court Registry before it can be used. Registration requires submitting:
- A cover letter;
- The original and a certified copy of the EPA;
- Supporting documents including the practising certificates of the solicitor and the registered medical practitioner who witnessed execution;
- The applicable registration fee.
The EPA must be signed in the presence of both a solicitor and a registered medical practitioner, either simultaneously or within 28 days of each other, and the medical practitioner must certify that the donor was mentally capable at the time of signing.
Can an EPA be revoked?
Yes, while you have full mental capacity. Once capacity is lost, the EPA can only be revoked or altered by order of the High Court. This is why choosing the right attorney, someone genuinely trustworthy, is so important at the outset.
Deed of Guardianship of Minors
What is a Deed of Guardianship?
A Deed of Guardianship is a legal document appointing a person to care for your child under the age of 18 if you pass away. It allows you, as a parent, to nominate who should have parental responsibility for your child, rather than leaving the decision to the courts or extended family.
Why should I put a Deed of Guardianship in place?
It provides clarity on who cares for your child, reduces the risk of family disputes at an already difficult time, and lets you record specific wishes regarding your child’s upbringing, for example schooling, religion, or country of residence. This is particularly important for expat families where extended family may be overseas, or where parents have different nationalities and there is a risk of a cross-border custody dispute.
Who can be appointed as a guardian?
Any individual who is at least 18 years old, mentally capable, and willing to accept the legal responsibility of raising your child. It is sensible to discuss the appointment with your intended guardian in advance, and to nominate a substitute in case your first choice is later unable or unwilling to act.
What is the difference between a Temporary Guardian and a Permanent Guardian?
- Temporary Guardian: acts immediately in emergencies while the permanent guardian is being confirmed or is en route. This is especially relevant for expat parents whose chosen permanent guardian lives abroad and would need time to travel to Hong Kong.
- Permanent Guardian: takes long-term responsibility for the child until they turn 18 years old.
Appointing both provides a safety net that avoids the child being placed in temporary state care while the permanent guardian is organised.
Disclaimer: The content on this page is provided for general information only and does not constitute legal advice or create a solicitor-client relationship. You should seek independent legal advice before acting on any information contained here.
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