In many parts of Asia, discussing death and preparing a Will is still considered a taboo subject, with some even believing that writing a Will invites bad luck or misfortune. This reluctance to plan for the inevitable means that many individuals never fully consider what will happen to their assets when they pass away without a Will. In such cases, their estate is subject to the ‘laws of intestacy’ (Intestates’ Estates Ordinance (Cap. 73) and the Non-contentious Probate Rules (Cap. 10A)), which may not align with their personal wishes.

Before a person is able to handle the deceased’s estate, a Grant of Letters of Administration must be obtained from the Probate Court. The individuals eligible to apply for this grant are ranked by priority, as follows:

1. A surviving spouse

2. Children

3. Parents

4. Siblings

5. Grandparents

6. Uncles and aunts

Those granted Letters of Administration by the Court become the administrators, responsible for handling the estate in compliance with the law. Administrators must identify and gather the deceased’s assets, settle outstanding debts and expenses, and then distribute the estate in accordance with the law. Generally speaking, in intestacy, the law only allows your spouse to take half and your children to take the other half.

Besides the ability to ensure that your wishes are followed, there are two additional major reasons for having a Will:

(1) The process of obtaining probate or letters of administration from the Court is much faster (by months or even years) when there is a Will.

(2) Avoid estate litigation amongst your family members or close partners after you pass away. A good Wills/Probate lawyer will be able to draft the Will such that those who feel they have ever been financially supported by you have a much smaller chance of applying to the Court for sharing in your estate based on their once-close relations with you. Hong Kong law allows for those who have been financially supported by you to apply to Court to share in your estate.

If you would like to explore your options in this regard, please contact our Partner, Eunice Chiu (+852 2186 1885 / +852 9169 4356).

Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.