A Will is a legally binding document in which an individual states his or her wishes regarding the distribution of their estate after their passing.

According to the Cap. 30 Wills Ordinance of Hong Kong, a Will is considered legally binding if it meets the following criteria:

• The testator (the person making the Will) must be at least 18 years old when writing the Will.

• The testator must be of sound mind at the time of writing the Will.

• The Will must be in written format and has the signature of the testator.

• A Will may be in any language, but English or Chinese is preferred in Hong Kong courts, avoiding the need for translation.

• The Will must be signed by two witnesses, and both the testator and the witnesses must sign the Will simultaneously.

*Note: Witnesses to the Will and their spouses cannot be beneficiaries named in the Will, otherwise the named beneficiary will not be able to receive the inheritance specified in the Will.

In Hong Kong, Will does not need to be sealed; their validity hinges on compliance with Chapter 30 of Hong Kong Laws.

In Hong Kong, the legal stipulations for making a Will are primarily governed by the Wills Ordinance (Cap. 30). This legislation encompasses definitions of Wills, types of Wills, conditions for validity, scenarios for revocation, and provisions related to international Wills. Additionally, there are the Intestates’ Estates Ordinance and the Inheritance Ordinance (Provision for Family and Dependants), along with the Probate and Administration Ordinance. Together, these laws form the legal framework for inheritance and distribution of estates in Hong Kong.

In Hong Kong, if you pass away without having made a Will, your estate will be handled according to the Intestates’ Estates Ordinance, Chapter 73 of the Hong Kong laws. However, if your domicile is not in Hong Kong, it’s necessary to consider the impact of your domicile’s legal system on the distribution of your estate. As domicile law can be complex, it is advisable to consult a lawyer when facing issues related to domicile. Essentially, the priority order of beneficiaries for an estate without a Will is as follows: (Proof of kinship is required)

• Spouse

• Children

• Deceased’s parents

• Deceased’s siblings

• Deceased’s grandparents

• Deceased’s uncles/aunts (paternal and maternal)

Regardless of the value of your assets, they are invaluable to your dependents and family members. Drafting a Will is not only an act of love but also a means of safeguarding your cherished possessions and bequeathing them to your loved ones. It anticipates the potential appreciation of your assets and ensures that future inheritable wealth is securely passed on to the next generation.

Life is full of uncertainties, and regardless of your age, accidents or emergencies (such as illness) can happen at any time. Therefore, as soon as you reach the age of 18, you should consider drafting a Will. This act is not only a responsible gesture towards those you care for but also ensures they can smoothly inherit your estate in accordance with your wishes when needed.

In Hong Kong, making a Will is not compulsory; it is a personal choice.
A Will allows you to:

• Clearly state your intentions: A Will enable an individual to specify how they wish to distribute their property and assets.
• Avoid legal default and personal expectations mismatch: Without a Will, property distribution will follow the law, which may differ from an individual’s specific wishes.
• Prevent family disputes: Without a Will, property may need to be distributed among spouses, children, parents, siblings, grandparents, or extended relatives, potentially leading to family conflicts.
• Consider international assets: If you own assets in different countries, it is advisable to make separate Wills for each country.
• Limitations of a single will: A single Will can be restrictive when dealing with multiple countries and may take years to process, so it is recommended to make separate Wills in each country where you have assets.
• Importance of cross-border estate planning: For individuals with international assets, it is crucial to work with experienced will-writing specialists for cross-border estate planning.

Hong Kong law allows for the creation of a Will by oneself, as long as it is in written form and meets the legal requirements specified in Section 5(1) of the Hong Kong Wills Ordinance (Cap. 30). Such a Will is considered legally valid.

Assets are not limited to physical forms such as houses, shops, land (i.e., property), jewelry, cars, etc., but also include bank deposits, cash, investments, Mandatory Provident Fund contributions, insurance policies, copyrights, trademarks, equity shares, and even digital assets like Bitcoin and domain names. All tangible and intangible assets can be distributed according to your wishes. Furthermore, you have the authority to select beneficiaries and appoint guardians for your minor children. On the other hand, if you die without a Will, the Hong Kong courts will determine the distribution of your assets and the guardianship of your minor children.

In Hong Kong, should you pass away without having executed a Will, your estate will be administered in accordance with the Intestates’ Estates Ordinance. This legal framework stipulates that the allocation of an intestate individual’s (one who dies without a Will) estate is to be carried out based on statutory guidelines, rather than aligning with the decedent’s personal preferences. Ordinarily, the estate is apportioned among the deceased’s next of kin, such as the spouse, children, and parents. In instances where the deceased lacks immediate family members, the assets may ultimately be forfeited to the government. Consequently, even if you perceive your asset base as minimal, drafting a Will remains a crucial measure to ensure that your estate is allocated in accordance with your specific intentions.

Any person who meets the following criteria is eligible to draft a Will:

• Aged 18 years old and above
• Non-muslim
• Can be a Hong Kong resident with assets in Hong Kong and/or abroad, or a foreigner (non-Hong Kong resident) with assets in Hong Kong.
• Sound minded, possessing sufficient mental capacity to sign a Will, knowing and consenting to its contents.

Under Hong Kong law, any individual who is at least 21 years of age and mentally competent is qualified to serve as an executor of a Will, without the need for any specific qualifications. Beyond the legal criteria, factors such as age, geographical location, personal background, character, and level of trustworthiness should be considered to ensure the appointee is the best fit. Before appointing an executor, their consent must be secured, and their ability to manage your estate confirmed, to prevent any future rejections or disputes, as most executors are not compensated for their role.

Your executor serves as the trustee of the Will, tasked with overseeing the entire estate until it is allocated to the beneficiaries. If any beneficiaries are minors, under 18 years old, you are required (advised) to designate at least two (2) executors to administer the estate of these underage beneficiaries, to guarantee transparency and accountability in estate management.

The primary responsibilities of an executor include:

• Locating and collecting the original Will.

• Applying to the court for probate of the Will.

• Gathering all estate assets.

• Assessing assets and handling estate taxes (if applicable).

• Paying off any outstanding debts or taxes.

• Distributing the estate according to the instructions in the Will.

• If the testator has minor children, the executor is required to manage the assets in trust until the children reach adulthood.

Please read the details of the Will Execution page on our website.

In Hong Kong, if one or both parents pass away, the guardianship of children under 18 years of age will be handled in accordance with the Guardianship of Minors Ordinance, Cap. 13. Under this ordinance, parents or current guardians can designate a future guardian for their children through a Will.

Any person who meets the following criteria can become the guardian of your children:

• Aged 18 and above
• Sound-minded
• Capable of caring for children under 18 years of age.
• Able to meet the basic needs of children under 18 years of age.

** The responsibilities of a guardian typically cease when the child reaches 18 years of age or passes away. It may also end if the guardian dies or is relieved of their guardianship duties by a court.

In essence, you can designate ANYONE to be the beneficiary of your Will, including:

• Individuals regardless of their relationship to you
• The Executor of your Will
• Individuals requiring long-term care (designated guardians or attorneys needed)
• Children below the age of 18 years (an appointed Guardian is required)

However, there are exceptions:

• Individuals with active bankruptcy status
• Witnesses to your Will
• Immediate family members of the Witness

Under Hong Kong law, witnesses to a will and their spouses should not be beneficiaries of the will. If a witness to the will or their spouse becomes a beneficiary, the will shall be considered invalid.

In Hong Kong, if a beneficiary of a Will passes away during the execution of the Will, the distribution of their ( his / her )  portion of the estate will be handled per stirpes according to Hong Kong’s laws. Typically, if the Will contains specific instructions for handling the share of a deceased beneficiary, such as designating a substitute beneficiary or other distribution arrangements, it will be executed according to those instructions.

If the Will does not make specific provisions for this situation, the share of the deceased beneficiary may be distributed either according to their own Will or under the laws of Hong Kong. This means if the beneficiary did not have a Will, their share would be allocated to their legal heirs in accordance with the statutory order.

Furthermore, if a beneficiary passes away before the executor of the Will has determined the distribution of the estate, the portion of the estate they would have inherited becomes part of their own estate, unless the Will explicitly states otherwise. Therefore, it is crucial to consider all possible scenarios and make specific provisions when drafting a Will.

The witness to your Will must meet the following criteria:

• He/she is not a beneficiary.
• He/she is not an immediate family member of the beneficiary.
• He/she must be aged 18 years old or above.
• He/she must be of sound mind.
• He/she is a third party to the testator (for example: friends, Will Writer).

The responsibilities of a Witness to a Will are:

• To ensure the Testator is of sound mind when writing the Will.
• To ensure the Testator signs the Will himself/herself or places a thumbprint.
• To ensure the Testator signs every page and the last page of the Will.
• The Witness does not need to know or understand the contents of the Will.

Yes, you can revoke your Will at any time. A Will will be revoked automatically under the following conditions:

• When you write a new Will.
• When you get married or remarried. 
• When the original Will is destroyed.
• When you voluntarily revoke the Will in writing, witnessed by 2 individuals.
• When the court declares a Will invalid.
  

Note: If you get divorced but do not remarry, your Will remains effective and un-revoked.

When duly signed and witnessed, the Will you receive will automatically revoke any previous Wills you have written. It will be regarded as your “Last Will,” unless subsequently revoked by another Will.

Yes, you can if you wish. However, if you make a mistake or omit something crucial, your Will might become invalid. Especially when there are multiple beneficiaries and assets, the content and execution procedure of the Will can be complex. A DIY Will might not legally reflect your wishes. Thus, it’s highly recommended to consult a professional Will Writing company or utilize a reputable online Will writing platform like SmartWills to ensure your Will is valid and legitimate.

Yes, there is indeed such a possibility. Challenges to Wills in court are rare, but when they occur, they are typically brought by close relatives or family members. To render a Will invalid, challengers must go to court and prove that the Will has defects, such as forged signatures, or that it was made under conditions of mental incapacity or undue influence by someone else. Therefore, ensuring that your Will is made in accordance with Hong Kong legal requirements and is legally sound is crucial.

Generally, a Will does not override the designated beneficiaries in insurance policies and the Mandatory Provident Fund (MPF) scheme. In Hong Kong, insurance policies and MPF plans usually operate independently of a Will, with beneficiary nominations executed according to the insurance contract or MPF scheme rules. Therefore, even if you have different instructions in your Will, the beneficiaries of the insurance and MPF accounts will still be determined based on your nominations in the respective policy or MPF account. If the beneficiary designated in your Will is under 18 years of age at the time of your death, their share will be held in trust by an appointed guardian until they reach the age of 18.

You can swiftly and conveniently draft a Will by accessing the “Online Will Writing” link on the SmartWills website at www.smartwills.com.hk and following the straightforward online guidelines.

Decide how you want your estates distributed to your beneficiaries by selecting your preferred package. After entering and confirming all necessary personal data, our system will validate it. You can then choose to print it yourself or opt for SmartWills Premium Printing Service. After completing online payment (via Online Banking, Credit Card, or E-Wallet), you’ll receive a softcopy of a password-protected Will document in PDF format via email. Alternatively, a printed hard copy prepared by SmartWills can be couriered to your address.

This service is provided by SmartWills, an online platform owned and operated by My SmartWills Limited in Hong Kong. 

Our online Will is a legally binding document. It is specially prepared and drafted by our Panel Lawyers and reviewed by our in-house Legal Advisor.

All “Hong Kong citizens” and “non-Hong Kong citizens with assets in Hong Kong” who are of sound mind and fully understand the implications and objectives of a Will, provided they are at least 18 years old, can use our online platform to create a Will in Hong Kong.

According to the various packages listed on our website, you only need to pay a one-time fee for the selected package to create a will through our service. Please note that Hong Kong currently does not implement Goods and Services Tax (GST), so the listed prices are all-inclusive and there will be no additional government tax charges.

• You must read, understand, and strictly follow all necessary instructions on SmartWills and pay the Fees and Charges.

• You must ensure that all information provided and entered is accurate, clear, and comprehensive.

• Ensure that your Will complies with the legal requirements for Wills in Hong Kong.

• If you are unclear about the terms and conditions, you are advised to seek independent legal advice on matters relating to your Will.

We might be unable to process your subscription, or your Will could be deemed invalid under the pertinent Hong Kong laws.

The risks associated with SmartWills online transactions apply. Your Will may be rendered invalid under the applicable law if you are unable to comply with the Terms and Conditions, prior to proceeding with the Online Will Writing service.

1. You must have a valid SmartWills username and password upon a successful registration (and registration is free).
2. You must have available all relevant documents such as heir(s)/beneficiary(ies) full name and HKID/Passport number, executors’ full name and HKID/Passport number, etc.
3. Login to www.smartwills.com.hk
4. Click ‘Online Will Writing’.
   
5. You must read, understand and agree to the Terms and Conditions and consent to Disclosure before continuing.
6. Select ‘Will’.
7. Follow the instructions displayed.

Our SmartWills service allows you to distribute your assets only in percentage [%] proportions. If you wish to list all your assets, provide specific distributions, or have other requirements, please contact our Online Chat Support or e-mail support@smartwills.com.hk for assistance.

If your circumstances change, such as wanting to replace beneficiaries or adjust asset distribution, you can resubmit online, and this action will be considered as a new will application. Please note that each modification requires payment of the standard fee. If you need further assistance or consultation, you are welcome to contact our online customer service, or send an email to support@smartwills.com.hk. Please be aware that Hong Kong currently does not implement Goods and Services Tax (GST), so the listed prices are all-inclusive and there will be no additional government tax charges.

Yes. You can cancel your subscription at any time before payment is made. If payment has been made, no refund is allowed.

If there are changes to your contact details, please notify us promptly. You can update your contact details via your SmartWills online account, or you can email support@smartwills.com.hk for assistance.

SmartWills provides an option for you to review or amend (up to one time, subject to applicable terms & conditions) your Will within 3 days after making payment. After the 3-day review and amendment period, we will proceed with printing and deliver the hard copy to your postal address within the next five (5) working days. You can check the status of printing and courier delivery through our SmartClient portal by logging in with your email address. For any assistance, please contact our online support or email support@smartwills.com.hk.

You can always visit our Online Chat Support at our website www.smartwills.com.hk or email us at support@smartwills.com.hk.

-Trusted: Our online will is drafted by a qualified lawyer, and its contents are regularly reviewed and updated.

-Fast: You can get your Will completed quickly, within just a matter of hours.

-Easy: This service is suitable for those too busy to visit the nearest Will Making agency; you can create your Will anytime and anywhere.

-User-friendly: The user interface (UI) and user experience (UX) of our online service are exceptionally user-friendly, requiring fewer than 5 steps to finalize a Will.

Before you proceed to use our online service, it is crucial for us to ensure that you are eligible to use our service under the applicable law in Hong Kong. Please confirm the following:-

For SmartWills Plans

• I am a Hong Kong resident;
• I am 18 years old and above;
• I am not a Muslim;
• I am of sound mind;
• I am able to read and write;
• I understand that by completing and executing this Will, this Will shall be my Last Will and Testament which will effectively revoke all my previous wills.
• I have read Terms and Conditions herein and fully understand and agree with the said Terms and Conditions.

For SmartWills Plus Plans

• I am a Non-Hong Kong resident;
• I am 18 years old and above;
• I am not a Muslim;
• I am of sound mind;
• I am able to read and write;
• I understand that by completing and executing this Will, this Will shall be my Last Will and Testament which will effectively revoke all my previous wills.
• I have read Terms and Conditions herein and fully understand and agree with the said Terms and Conditions.