Wills & Probate
A Will is an instrument by which a person makes a disposition of his property to take effect after his deceased. In order for a Will to be valid, it must be in compliance with the formalities requirement under section 5 of the Wills Ordinance, such as a Will must be in writing and signed by the testator (the person executing the Will) in the presence of two of more witnesses. It is very important to have an experienced professional to draft your Will because certain mistakes in drafting or executing the Will may render part of or the entire Will invalid.
Having a Will is often recommended. If a person dies without leaving a Will, his estate will be distributed according to the Intestates’ Estates Ordinance, which leaves the testator no control of the distribution of his own estate. Furthermore, the beneficiaries must prove their relationship with the deceased person before obtaining the estate, such as marriage certificate, birth certificate, etc. It will cause difficulty if such evidence is unavailable, for example, when the beneficiaries are illegitimate child of the deceased.
After a person dies, whether with or without a Will, his named executor under the Will or beneficiaries (in the absence of a Will) will need to apply to the Probate Registry of the High Court of Hong Kong for a Grant of Representation before they may deal with the estates of the deceased. ELLALAN has experienced solicitors in handling all kinds of Wills and Probate related matters. We also have experience in dealing with overseas clients who wish to deal with the deceased’s estate situated in Hong Kong but cannot travel to Hong Kong.