- A will, also called ping on zhi, is made by a person aged 18 or over who is of sound mind. It takes effect only after the maker has died.
- To make a will, you sign it in front of two witnesses aged 18 or over who are not beneficiaries. You can change or cancel it at any time.
- The cost of a will ranges from a few hundred Hong Kong dollars to HK$4,000, depending on how complicated it is.
- Without a will, the estate is divided in the order of next of kin set by law, which can easily lead to disputes between family members.
A will, commonly known in Cantonese as ping on zhi, is a legal document a person makes during their lifetime to set out how their property is to be handled after death, and to prevent disputes.
This article explains the difference between ping on zhi and a will, what making one costs, its format and its benefits.
What is a will? The basic idea
A will is a legal document made by a person aged 18 or over who is of sound mind and fully aware, to state how their assets are to be distributed after death.
These assets may include:
- Bank deposits
- Company shares
- Real estate
- Jewellery and similar items
This arrangement helps prevent disputes over how the estate is divided, and makes sure it is distributed as the maker wished.
A will takes effect only once the person who made it has died, and the executors named in it then handle the estate as the will directs.
The maker can name up to four executors to manage and distribute the estate. Beneficiaries can be relatives or non-relatives, such as charities.
A will takes effect only after the maker has died.
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Not sure how to arrange your assets in a will?
We suggest consulting a solicitor before drafting your will.
Making a will: steps, cost and fees
Making a will means following a specific legal procedure to make sure it is valid:
- The will must be clearly written down on paper.
- The maker must sign in front of two witnesses aged 18 or over, who cannot be beneficiaries of the estate or their spouses.
- Every person’s signature must be recorded on the document and dated, so that there is no dispute.
Changing and cancelling a will
Under the Wills Ordinance (Cap. 30) of Hong Kong, the maker can change or cancel a will completely at any time.
A change or cancellation must follow the same legal procedure as making the will, so that the amended or new will is legally effective.
Please note
- After changing or cancelling a will, the maker should tear up the original, to avoid legal disputes later on.
Cost and format of a will
Many service providers offer will-making. The price usually depends on how complicated the will is.
| Solicitor’s fee | |
|---|---|
| A basic will | May range from a few hundred Hong Kong dollars to HK$1,500 |
| A more personalised or complicated will | May be between HK$1,500 and HK$4,000 |
The legal process if there is no will
If the person did not make a will during their lifetime, the estate is handled under the law on intestacy.
Under the Non-contentious Probate Rules (Cap. 10A), the people who may apply for letters of administration are decided in the following order of priority:
- Spouse
- Children
- Parents
- Brothers and sisters
If several people have an equal right to administer the estate, they can ask the court to step in and decide.
When is a good time to make a will?
Anyone aged 18 or over who is of sound mind is entitled to make a will.
People often think only older people or those with substantial assets need a will. In fact, a will gives clear guidance on how anyone’s property is to be dealt with.
Without a will, under the Intestates’ Estates Ordinance (Cap. 73), the estate is divided in the order of next of kin set by law.
What a will covers: format and contents
In a will, the maker can state clearly the following matters:
- Funeral arrangements
- How personal belongings are to be handled
- How to care for beneficiaries who are under age or unable to look after themselves
In addition, if a named beneficiary dies early, the will can set out terms for that in advance. It can also include a doctor’s certificate confirming the maker’s state of health when the will was made.
Basic requirements for a will
A will is a legally effective document that sets out how assets and property are to be distributed. Anyone making a will should follow these basic steps:
-
In writing
A will must be in writing. It can be written in Chinese or English.
-
Signature of the maker
The maker must sign to confirm the will in front of two witnesses.
-
Signature of the witnesses
The witnesses should also sign in front of the maker.
-
Naming executors
The will must name one or more executors.
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Dating the will
The will should be dated when it is signed.
Points to consider for a will
When writing a will, the maker should consider the following:
- Plan the funeral arrangements carefully, including burial or cremation and the religious form of the ceremony
- State clearly how personal belongings are to be handled. Items that are not mentioned are treated as part of the cash portion of the estate
- If any beneficiary is under age, set up a trust arrangement for the estate until they come of age
- For children who are under age, name a suitable guardian
- For beneficiaries who cannot look after themselves, consider setting up a trust to manage their share
- Executors should be legally qualified and willing to take on the duty. You can name up to four
- If you choose not to leave anything to immediate family, you could consider donating to a charity
- If a couple die together, there should be a clear plan to avoid legal disputes
Important tips on a will
A maker can write their own will, but we recommend consulting a solicitor before finishing it, to make sure every term meets the legal requirements and is clear.
Please note
- Keeping the will safe is just as important, to avoid legal problems if it is lost.
- If the will is lost, the estate may be handled as if there were no will, which causes inconvenience to the heirs.
Keeping your will safe
To keep a will safe, we recommend making and storing it through a solicitors’ firm, or keeping it in a bank safe deposit box.
That way the will can be carried out properly after the maker has died, and the estate distributed as the maker wished.
More information
To learn more about the law on wills, you can visit the Elderly Community Legal Network website, which has a wealth of resources to help the public understand the relevant legal provisions and how they apply.
Source: Elderly Community Legal Network
Not sure what a will should include?
We suggest consulting a solicitor before you finish it, to make sure every term meets the legal requirements and is clear.
What are the benefits of making a will?
Making a will brings many benefits, mainly that you decide for yourself how your estate is distributed and who receives it.
With a will, the maker can name up to four executors to manage and distribute the estate, and can leave the estate to individuals or organisations outside the family, such as charities.
This not only makes sure the maker’s wishes are carried out, but may also have a positive effect on society.
Handling the estate when there is no will
Where no will has been made, handling the estate is relatively complicated and time-consuming.
First, someone must apply to become the administrator of the estate and obtain letters of administration. This involves a legal procedure, and the application must be made by immediate family in the order set by law, namely:
- Spouse
- Children or their descendants
- Parents
- Brothers and sisters or their descendants
If there are none of these immediate family, grandparents on either side can also apply.
Please note
- Dividing an estate in this situation easily leads to disputes between family members, and adds to the legal and emotional burden.
Conclusion
Making a will shows respect for your own wishes, and also your responsibility to your family and to society.
It helps avoid the legal disputes and family conflict that can arise when there is no will, so that the estate is distributed smoothly and fairly.
Not sure how the estate is handled when there is no will?
Where no will has been made, handling the estate is relatively complicated and time-consuming.
FAQ
Can I write my own will?
Yes, you can write your own will, but we suggest consulting a solicitor before you draft it.
That helps make sure the will is in the right form and reduces the chance of disputes later.
Having a solicitor involved in drafting a will can help confirm that it is legally effective, and avoid unnecessary loss of time and money.
How much does it cost to have a solicitor write a will?
The cost of writing a will varies with how complicated the will is and with the solicitor’s fee.
A solicitor’s fee for a basic will may range from a few hundred Hong Kong dollars to HK$1,000. If the estate is more complicated to divide or needs special planning, it may be between HK$1,500 and HK$4,000.
When is a will revoked or no longer valid?
If the maker later signs a new will, or destroys the original will, the original will is revoked.
In addition, if the maker marries after making the will, the original will automatically becomes invalid.
If the maker divorces, however, the will remains valid.
Can I leave nothing to my wife or children in my will?
In principle, you are free to decide in your will how your estate is distributed, including leaving nothing to your wife or children.
However, under the law your spouse and children can ask the court for the maintenance they need, so that they receive reasonable support from your estate.
What is the difference between an “executor” and an “administrator”?
An “executor” is the person named in the will to carry out the distribution of the estate. An “administrator” is a person, usually a relative, who applies to the court for the role when there is no will.
Both manage the estate, but an executor’s duties start from the moment the maker dies, while an administrator’s powers start from the moment the court gives its authority.
