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A Will & Testament, commonly known as a will, is a legally binding document that outlines how a person wants their property, assets, and wealth to be distributed after their death. In Kowloon, Hong Kong, the Wills Ordinance (Cap. 30) governs the creation, interpretation, and execution of wills. This law states that anyone over 18 years who is of sound mind can create a will. The document must be signed by the testator (the person making the will) and witnessed by two or more persons to be considered legally valid.
Creating a will is a complex process that requires a deep understanding of the law. Mistakes can lead to disputes, which could end up invalidating the will. A lawyer can help in drafting a legally sound will, ensuring all your wishes are appropriately expressed and executed. Lawyers can assist in updating your will due to major life changes such as marriage, divorce, or the birth of a child. If there are issues in executing your will after your passing, a lawyer can provide the necessary legal assistance to your heirs.
The Wills Ordinance governs all matters related to wills in Hong Kong. It stipulates that a will should be in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries. The law also allows for the creation of testamentary trusts, which can provide for minor children or protect assets from creditors. Moreover, it respects and adheres to the principle of freedom of testamentary disposition, meaning one has the absolute right to decide how their estate is distributed after their death.
No, Hong Kong law only allows those over 18 to make a will.
Yes, a will can be changed or updated anytime as long as the testator is alive and of sound mind. This should be done through legal channels to avoid potential issues.
If you die without a will (known as dying intestate), your assets will be distributed according to the intestacy rules in Hong Kong, which may not align with your wishes.
No, notarization is not required in Hong Kong, but the will must be witnessed by at least two individuals.
Yes, you have the freedom to decide how your assets will be distributed after your death in keeping with the principle of freedom of testamentary disposition.
You can refer to the Wills Ordinance for detailed information on the law surrounding wills in Hong Kong. Other regulatory bodies like the Hong Kong Judiciary and Legal Aid Department Hong Kong can also provide valuable resources.
If you need legal assistance in drafting a will, it would be beneficial to seek the help of a lawyer practicing in Kowloon, Hong Kong. They can provide legal guidance tailored to your specific situation and help you understand the implications of your decisions. They can help ensure your testamentary wishes are legally adhered to and can assist your heirs after your passing.
