Best Will & Testament Lawyers in Central

About Will & Testament Law in Central, Hong Kong

The Last Will and Testament in Hong Kong serves as a declaration of how an individual wants their property, assets, and wealth to be distributed after their death. It is a legally binding document and can be drafted by anyone over the age of 18 who is mentally sound. Without a valid will, the distribution of estates will be left to the laws of intestacy, possibly going against the deceased's wishes.

Why You May Need a Lawyer

A lawyer can assist in drafting a legally sound will to ensure all assets and properties are distributed according to the individual's wishes. They can also help avoid potential disputes over the estate, thus bringing peace of mind to the family members. If a dispute arises among beneficiaries, a lawyer can mediate or present the case in the probate court, if necessary. In situations involving large estates and complex family structures, legal advice becomes even more crucial.

Local Laws Overview

In Central, Hong Kong, the Wills Ordinance (Cap 30) governs the making and execution of wills. Under these laws, a will must be in writing, signed by the testator, and witnessed by two individuals who are not beneficiaries. If a will does not meet these requirements, it may be declared invalid. If someone dies without a will (intestate), the Intestates' Estates Ordinance directs the distribution of the deceased's property to their next of kin in a specific order.

Frequently Asked Questions

What happens if I die without a will?

If you die intestate(but you have relatives who may inherit), your estate will be distributed according to the Intestates' Estates Ordinance. This could proportion different parts of your assets to your spouse, children, parents, or other relatives. It may not be in line with your true wishes.

Can I write my own will without a lawyer?

Yes, you can write your own will. However, to ensure that it is legally valid and accurately reflects your wishes, getting it reviewed by a lawyer is suggested. Mistakes in a DIY will could result in significant complications after your death.

What assets can be included in my will?

You can include any assets you own or control, such as properties, bank accounts, investments, and personal belongings, in your will. It does not cover certain assets like joint possession properties or insurance policies with designated beneficiaries.

What happens if my will is contested?

If your will is contested and it goes to court, a judge will decide on its validity. If it's deemed invalid due to reasons like undue influence, fraud, or lack of mental capacity at the time of will writing, the court will distribute your assets as if you died without a will.

Can I make changes to my will after it's been signed and witnessed?

Yes, you can make changes to your will at any time. This can be done through a codicil, which amends your original will, or by creating a new will which states that it revokes and replaces all previous wills.

Additional Resources

For additional information, you may visit the Hong Kong Judiciary website for various legislations related to wills, probate, and administration of estates. The Hong Kong e-Legislation website can also provide digital copies of the Wills Ordinance and Intestates' Estates Ordinance.

Next Steps

If you need legal assistance with your will and testament, consider reaching out to a legal professional specialising in wills and probate law in Hong Kong. They can provide personalised advice on your situation and guide you throughout the will writing process. Remember to ensure that your will meets all the legal requirements under the Hong Kong laws to avoid any future complications.