2. The will is a legal statement of a person’s wishes regarding
the disposal of his or her property after death. It is legally
executed.
3. Writing a will can be
important in many cases,
especially if one has family
or children who
depend on him or her for
financial support.
It is also used by those
who wish to prioritize
certain family members, or
non-family members, for
inheritance purpose.
4. The will in Hong Kong is drawn up in written form and it is signed by the testator.
Two witnesses are typically present and acknowledge the signature.
In some cases, the will can be drawn up by another party appointed by the testator,
and as per his or her explicit wishes.
5. Relatives who are not
pleased by how a will is
used to distribute assets
can contest it in Court.
Heirs have the possibility
to request legal aid if they
believe that they have
been wronged.
6. Grounds
for
contesting
a
will
When the
testator did not have
the capacity to
execute the will.
The heirs
can contest
the will if they believe
that their relative was
coerced into signing it.
The
document was not
signed according to
law or in the presence
of witnesses.
No
testamentary
capacity
Improper
signature
Forgery
7. Another will can be used to revoke
another document of the same type.
The testator can choose to physically
destroy the document, thus effectively
ceasing its existence.
Revoking
a will
8. Heirs who inherit property
according to a will in Hong
Kong can expect to pay
taxes according to the
value of the property or
assets they receive. The
tax rate can be between
6% and 18%.
Estate
duty in
Hong Kong
9. The main laws that govern inheritance
are the Wills Ordinance, the
Intestates’ Estates Ordinance, the
Inheritance Ordinance and the Probate
and Administration Ordinance.
Inheritance law in
Hong Kong