Product Disclosure Sheet
Below is the Product Disclosure Sheet of our Online Will product. Please read carefully and if necessary consult independent legal advice prior to the use.
Product Disclosure Sheet of SmartWills Online Will Writing Service
Customers are advised to read this Product Disclosure Sheet (“PDS”) before taking up the Online Will Writing Service (“Service”). Please also read the Terms & Conditions of our Online Will Writing Service.
1.Who is offering this Service?
The Online Will Writing Service (“Service”) is provided by My Smartwills Limited [3246913] (“MSL”).
2. What is this Service about?
You can write an online Will by accessing our Website at www.smartwills.com.hk and following the instructions online. Upon completion and making payment online, the Will hard copy will be made ready by MSL and courier to you for signing.
3. What is a Will?
A will is a legally binding document that allows an individual to explicitly state how their assets should be distributed after their death. By making a will, you can ensure that the distribution of your assets is carried out according to your wishes. In the absence of a will, your estate will be distributed in accordance with the Intestates’ Estates Ordinance. This ordinance specifies the method for distributing assets in the absence of a will, which may not fully align with your personal wishes. Therefore, creating a will provides you with control over the distribution of your assets, ensuring that your estate is allocated to your loved ones or other beneficiaries as per your intentions.
4. Can I write a Will?
Any Non-Muslim who is:
- At least 18 years old;
- Hong Kong citizen/non-Hong Kong citizen;
- Of Sound mind;
- Able to understand the nature and purpose of making a Will may write a Will.
5. What are the fees and charges that I have to pay for the Service?
As stated on our website, a one-time fee is payable for each will, depending on the package you choose and subscribe to. The specified fees do not include any government taxes, as Hong Kong currently does not implement Sales and Services Tax (GST) or similar Value-Added Tax (VAT). Therefore, such taxes are not included in, nor separately charged in, the fees (“Fees and Charges”).
6. What are my duties?
6.1 You must read, understand, and strictly follow all necessary instructions on our Website and pay the Fees and Charges.
6.2 You must ensure all information provided and entered is correct, clear and comprehensive.
6.3 Please be reminded that your Will must be made in accordance with the laws of Hong Kong.
6.4 If you are not clear with the terms and conditions, you are advised to seek separate legal advice on the matters relating to your Will.
7. What happens if I fail to fulfill my duties?
We may not be able to process your subscription or your Will may be rendered invalid under the law.
8.What are the major risks?
The risks associated with any online transactions apply. Your Will may be rendered invalid under the law if you are unable to comply with the Terms and Conditions.
9. Will a will override the beneficiaries of insurance and Mandatory Provident Fund (MPF)?
9.1 No, a will does not override previous nominations, such as those for insurance and Mandatory Provident Fund (MPF) (if any), unless the beneficiaries of your insurance and MPF are the same as those in your will.
9.2 If your named beneficiary in the Will is below the age of 18 years old at the time of your death, his/her share will be held in trust by the appointed guardian for administration until he/she reaches 18 years of age.
10. How do I subscribe to the Service?
10.1 You must have a valid username and password for our Website.
10.2 You must have all relevant documents available, such as heir(s)/beneficiary(ies) full names and HKID/Passport numbers, executors’ full names and HKID/Passport numbers, etc.
10.3 Login to our Website
10.4 Click on ‘Start Online Will Writing’.
10.5 You must read, understand, and agree to the Product Disclosure Sheet, the Terms and Conditions, and consent to disclosure before continuing.
10.6 Select ‘Continue’ and follow the displayed instructions to complete your submission.
11. Who can be my Executor?
Anyone who is at least 21 years old, of sound mind, consents to the appointment, and is capable of administering your estate can be an executor.
12.How many Executor(s) do I need?
You need one (1) executor. However, you should appoint at least two (2) executors if any beneficiary is under 18 years of age.
13. Who can be my witness?
Anyone who is at least 18 years old and is not named as a beneficiary or heir in your Will can be a witness.
14. How does the Will provide for distribution of assets?
The Service allows you to distribute your assets in percentage (%) proportions only.
15. What is meant by “Last Will & Testament”?
The Will, when duly signed and witnessed, will automatically revoke any previous Wills and will be considered as your last Will unless it is revoked by a subsequent Will.
16. Can I rewrite my Will? How much does it cost?
No, you cannot rewrite your Will once it is finalized. Should you need to change beneficiaries or the distribution, you must reapply online as a new application.
17. Can I cancel my subscription?
You may cancel your subscription at any time before making a payment. Once payment has been made, refunds are not permitted.
18. What do I need to do if there are changes to my contact details?
You should inform MSL of any changes to your contact details. To update your information, you may visit our Website for assistance.
19. When can I receive the electronic copy or printed copy of my online Will?
MSL will provide the electronic copy of the Will (in PDF format) as an email attachment to the email address you provided within 24 hours, or deliver a printed copy as part of our add-on premium service to your postal address within five (5) working days after you have provided complete and accurate information and we have received payment confirmation through our payment gateway.
20. Where can I get assistance and further information?
For assistance or further clarification on your Will or if you have specific requirements, please visit our website at www.smartwills.com.hk for phone, email, or online support.
My SmartWills Limited (3246913)
Address: RM 702，7/F Fu Fai Comm Ctr 27 Hillier St Sheung Wan Hong Kong
Tel (Customer Care): +852 59219929
Email: enquiry@smartwills.com.hk
Web: www.smartwills.com.hk
* The information provided in this disclosure sheet is valid as at 30 Sep 2023.
