- Real property is usually governed by the law of the place where it is located. Movable property is usually governed by the law of the place where the heir lives.
- A will can name one to four executors, who must usually be at least 21 years old.
- There is no fixed deadline for applying for a grant, but legal action over real property must be dealt with within the 12-year limitation period.
- If there is no will, the estate is distributed under the Intestates' Estates Ordinance (Cap. 73). If all relatives have died, the estate passes to the government.
To deal with assets such as bank deposits, cars, shares and real property, you first need to apply to the Probate Registry of the High Court in Hong Kong and obtain a grant of probate or letters of administration.
This document gives the executor or administrator the power to manage the estate, pay its debts and distribute it to the beneficiaries. Below, we explain the procedure and time limits for inheritance in Hong Kong.
Which law governs inheritance of movable and real property in Hong Kong
Real property, such as a flat, house or land, is usually governed by the law of the place where it is located, wherever you live.
By contrast, movable property, such as bank deposits, shares or jewellery, is usually governed by the law of the place where the heir lives.
For example:
| Property in Dongguan | Property in Hong Kong | Jewellery collection in Hong Kong | |
|---|---|---|---|
| Place of residence | Hong Kong | Has lived in Dongguan all year round | Canada |
| Law governing the inheritance | Mainland law | Hong Kong law | Canadian law |
Special rule for jointly owned property
If a Hong Kong property is held under a “joint tenancy”, the surviving owner automatically becomes the full owner when the other owner dies.
The property does not form part of the deceased's estate.
How foreign law treats inheritance
When a cross-border inheritance is involved, the best course is to consult a local lawyer, or to obtain the relevant legal information in another way, so that the inheritance is handled lawfully and correctly.
Which country's law applies to a cross-border inheritance?
Feel free to check your situation with us.
Arranging your estate by will in Hong Kong
In Hong Kong, you can make a will to say clearly how your property is to be distributed.
You are free to leave your property to family, friends or a charity.
You can leave specific property to specific people, or give a set share of the estate (such as shares or money) to named beneficiaries.
Who can be an executor in Hong Kong, and their powers
In Hong Kong, when a person dies, their estate is managed and distributed by a named personal representative.
If there is a will, this person is named in it as the executor. The executor must apply to the Probate Registry of the High Court for the grant needed before the estate can lawfully be dealt with.
An executor's task is to carry out the wishes of the person who made the will, so choosing the right executor is an important decision.
An executor can also be a beneficiary, but several factors need to be considered when choosing one.
Naming an executor and who qualifies
Under section 25 of the Probate and Administration Ordinance (Cap. 10), a will can name one to four executors:
- They must be reliable, suitable adults, usually aged 21 or over.
- The will can state whether an executor is also a beneficiary, and can even set the fee payable to the executor.
- Choosing a relative, a friend or a professional such as a solicitor or accountant as executor can effectively reduce disputes within the family.
Joint and substitute executors
If more than one executor is named, the will needs to say whether they act independently or must decide together.
If a substitute is provided for, the substitute takes over the duties when the main executor cannot act.
Please note
- Get a person's consent before naming them as executor, to be sure they are willing and able to take on the duty.
- The court will usually grant probate to the executors named in the will.
- The executor should know where the original will is kept and be familiar with the list of assets, to make the later administration and distribution easier.
- Keep the list of assets up to date as the estate changes.
When there is no will, or no executor is available
If there is no will, or the will names no executor, or the named executor cannot act, certain relatives can apply to become the administrator under rule 21 of the Non-contentious Probate Rules (Cap. 10A).
These relatives have an order of priority when applying to be administrator, including:
- Spouse
- Children
- Parents
- Brothers, sisters and so on
Executors and beneficiaries
An executor can also be a beneficiary. If so, the will should say this clearly, to avoid conflict or confusion.
In Hong Kong, an executor may also be named as the beneficiary of a life insurance policy, which passes the insurance money to the named person more directly and quickly.
Please note
- Such a nomination may be limited by the policy terms, so check and confirm the terms beforehand.
Choosing an administrator, and the court's role
There can be up to four administrators, each at least 21 years old.
If the applicants disagree, they can apply to the High Court to settle it.
In special cases, such as when no suitable family member can act or there is a serious dispute within the family, the court may appoint an independent professional as administrator.
Executors and administrators play a key role in inheritance in Hong Kong, making sure the estate is properly managed and distributed under the law or the will.
How they are chosen, and their qualifications, directly affect how efficiently and fairly the estate is handled.
Not sure how to choose a suitable executor?
If in doubt, feel free to contact our dedicated consultants.
Overview of the inheritance procedure and time limits in Hong Kong
An inheritance usually involves an executor or administrator, who applies to the court for a grant so that the will can be carried out, or the estate distributed, lawfully.
Time rules for applying for a grant
In Hong Kong, there is no fixed time limit for applying for a grant. The administrator can apply at any time after the death.
Please note
- For an estate that includes real property, legal action such as recovering land must be dealt with within the 12-year limitation period, to avoid losing the right.
Steps in applying for a grant
Applying for a grant involves several key steps:
-
Prepare documents
Gather documents such as the death certificate, the will, the executor's oath and the list of assets.
-
File the application with the court
Submit all the required documents to the Probate Registry of the High Court in Hong Kong and answer the judge's questions.
-
Receive the grant
Once the court has checked everything and is satisfied, it issues the grant, which gives the executor legal authority to manage the estate.
-
Settle the estate
Pay any debts, estate duty and funeral expenses.
-
Distribution of the estate
Distribute the estate to the beneficiaries under the will or the statutory rules of succession.
Legal background to estate administration in Hong Kong
Estate administration in Hong Kong involves several laws and rules, including the Probate and Administration Ordinance (Cap. 10) and the Limitation Ordinance (Cap. 347).
These rules make sure the estate is distributed and managed as the law, or the person who made the will, intended, and protect the lawful rights of everyone concerned.
Overview of how estates are distributed in Hong Kong
In Hong Kong, if you leave no will, or your will does not cover all your property, your estate is distributed under the Intestates' Estates Ordinance (Cap. 73).
If you leave a spouse and no other direct relatives, the whole estate goes to your spouse.
Please note
- A spouse who has separated from you, where the court has made a corresponding order, no longer has inheritance rights.
Distribution to children and grandchildren
If you leave only descendants, after the relevant expenses your estate is shared equally among your children.
- Under the Ordinance, your children can inherit, but a grandchild is entitled only to the share of a parent who died before you.
- If a child dies before you without leaving descendants, that child's share is divided equally among your other children.
When a spouse and descendants both survive
When you leave both a spouse and descendants, the spouse first takes your personal belongings and a set sum in cash.
| Spouse and descendants both survive | No descendants, but parents or siblings survive | |
|---|---|---|
| Spouse receives | All personal belongings and the first HK$500,000 in cash | Personal belongings and HK$1 million in cash |
| Rest of the estate | Half to the spouse; the other half shared equally among the descendants | Half to the spouse; the other half shared equally among the parents or siblings |
Please note
- When you leave both a spouse and descendants, a spouse who is the only heir to the home has the right to inherit it first.
Inheritance rights of children born outside marriage and adopted children
Under the Parent and Child Ordinance (Cap. 429), a child born outside marriage has the same inheritance rights as a child born within marriage, and a lawfully adopted child has the same rights as a natural child.
Distribution when no direct relatives survive
If you have no spouse, descendants or other direct relatives, your estate passes in turn to your parents, your brothers and sisters, or more distant relatives.
If all possible relatives have died, your estate goes to the government.
Rules on a concubine's share of the estate
Under certain conditions, a concubine may also receive part of the estate.
If you formally recognised a concubine as such before 1971, she can inherit part of your estate under the Ordinance:
- If a spouse and other direct relatives survive, the concubine inherits a small part of the remaining estate.
- If the spouse has died, or there are no other direct relatives, the concubine can inherit a larger part.
Unsure how the estate is distributed when there is no will?
Get in touch, and a dedicated consultant will first understand your situation.
Frequently asked questions about inheritance in Hong Kong
How does the inheritance procedure differ if the deceased owned real property in Hong Kong?
Inheriting real property calls for particular attention to limitation periods, and usually goes through the court to make sure the transfer of ownership is lawful.
How is estate duty calculated on an inheritance?
Hong Kong abolished estate duty in 2006, so no estate duty is payable when you inherit in Hong Kong.
What happens to property the deceased owned outside Hong Kong?
If a person from Hong Kong owns property abroad, the estate is usually dealt with under that country's law, and international legal coordination may be needed.
What is the difference between an executor and an administrator?
An executor is the person named in the will to carry out its instructions. An administrator is the person appointed by the court to manage and distribute the estate when there is no will.
