Wills, estates and family
Making a will in Hong Kong: rules, witnesses, intestacy
A Hong Kong will must be signed in front of two witnesses who are present at the same time. A gift to a witness, or to a witness’s spouse, can fail, and a later marriage cancels the will.
At a glance
- Who can make a will
- 18 or over, or under 18 and married
- Witnesses
- Two or more, present at the same time
- Gift to a witness or their spouse
- Can be void
- Later marriage
- Revokes the will unless made with it in mind
- Main law
- Wills Ordinance (Cap. 30)
A will is a written document that says who gets your property when you die and who deals with your estate. In Hong Kong, the rules are in the Wills Ordinance (Cap. 30). The one thing most likely to go wrong is the signing: you must sign in front of two witnesses who are both there at the same time, and neither should benefit under the will.
Who can make a will
The government’s leaflet on making a will says the person making the will (the testator) must be:
- 18 or over, or under 18 and married
- of sound mind, with the mental capacity to make a will
- making it willingly, without pressure or deception
If there could later be doubt about capacity, for example because of illness or advanced age, it helps to have a doctor assess capacity close to the time of signing and to keep that record.
How to sign a valid will
Section 5 of the Wills Ordinance sets the formalities. The Community Legal Information Centre (CLIC), run by the University of Hong Kong, explains them in plain terms.
- Put the will in writing.
- Gather two or more witnesses in the same room at the same time.
- Sign the will in front of them, or acknowledge to them a signature you have already made.
- Each witness signs the will, or acknowledges their signature, in your presence. The witnesses do not have to sign in front of each other.
- Date the will and keep the signed original in one piece.
Choosing witnesses and an executor
Do not ask anyone who benefits under the will, or their husband or wife, to witness it. Under section 10 of the Wills Ordinance, a gift to a witness or to a witness’s spouse is void as far as that person is concerned. The witness can still prove the will, and the rest of the will stands. The gift is saved if the will would have been properly witnessed without that person, but the safer course is two independent witnesses.
Your executor is the person you name to deal with the estate. After your death, the executor applies to the High Court Probate Registry for a grant of probate, which needs the original will. Ask the person first, and name a substitute in case they cannot act.
If a beneficiary is under 18, the leaflet notes that a will can hold their share on trust and say the exact age at which they receive it.
What changes or cancels a will
- Marriage. According to CLIC’s page on revocation, a later marriage automatically revokes an earlier will unless the will was made in contemplation of that marriage, for example with a clause naming the person you will marry.
- Divorce. Divorce does not automatically revoke a will. Gifts to the former spouse may fail unless the will shows a contrary intention.
- A new will. To change your wishes, make a new will that revokes the old one, or a codicil (a formal addition), signed and witnessed the same way. Do not write changes on the signed original.
If there is no will
When someone dies without a valid will (intestate), the Intestates’ Estates Ordinance (Cap. 73) decides who inherits. CLIC’s summary of the rules includes these cases:
| The deceased leaves | How the estate is shared |
|---|---|
| A spouse and children | Spouse takes the personal chattels and HK$500,000. Any remainder is split: half to the spouse, half shared equally among the children. |
| A spouse and parents, no children | Spouse takes the personal chattels and HK$1,000,000. Any remainder is split: half to the spouse, half to the parent or parents. |
| Children | Parents, brothers and sisters take nothing, even if the spouse died first. |
| Parents and siblings, no children | Siblings take nothing while a parent survives. |
An unmarried partner does not appear in these rules. If you want a partner, a friend or a charity to inherit, you need a will. The Government has said it respects a November 2024 Court of Final Appeal judgment on the inheritance rights of same-sex spouses under Cap. 73 and the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481). If that affects you, take advice.
Cap. 481 also matters if you leave a spouse or a dependant out of your will. They may be able to ask the court for provision from your estate, so a will does not always have the last word.
Keeping the will safe
Keep the signed original somewhere safe and tell your executor where it is. Do not unstaple it, attach notes or write on it. Marks, missing pages or signs of removed attachments can lead to questions from the Probate Registry. A copy is useful for reference, but the executor will need the original.
When to use a solicitor
A short will for a simple estate can be done without a lawyer. A solicitor is worth paying for if you own property or a business, have assets outside Hong Kong, have children from more than one relationship, want to leave someone out, or want trusts for young beneficiaries. Read how to instruct a solicitor and check the firm with our guide to the Law Society’s Law List. If the will is going to be used outside Hong Kong, a notary public may be needed for certified copies. Compare firms in our law directory.
We are not the Department of Justice or the Judiciary, and this is not legal advice.
Questions people ask
Do I need a lawyer to make a will in Hong Kong?
No. The Wills Ordinance sets the formalities, not who drafts the will. A homemade will is valid if it is signed and witnessed correctly. Mistakes in wording or signing only come to light after your death, which is why many people use a solicitor.
How many witnesses does a will need in Hong Kong?
Two or more. You sign, or acknowledge your signature, in front of the witnesses while they are present at the same time. Each witness then signs, or acknowledges their signature, in your presence, though not necessarily in front of each other.
Can a beneficiary witness my will?
Avoid it. Under section 10 of the Wills Ordinance, a gift to a witness or to a witness’s spouse is void as far as that person is concerned, although the will itself still stands. The gift can be saved if the will was properly witnessed without that person, so use two independent witnesses.
Does getting married cancel my will?
Yes, unless the will was made in contemplation of that marriage. CLIC gives the example of a clause saying a later marriage to a named person will not revoke the will. Make a new will after you marry.
Does divorce cancel a will?
No, divorce does not automatically revoke a will. CLIC explains that gifts to the former spouse may fail unless the will shows a contrary intention, while the rest of the will stands. Review your will after a divorce.
What happens if I die without a will in Hong Kong?
Your estate passes under the Intestates’ Estates Ordinance (Cap. 73). CLIC’s summary says a spouse with children takes the personal chattels, HK$500,000 and half of the rest, with the children sharing the other half. Usually someone has to apply for letters of administration to deal with the estate.