The Inheritance law in Hong Kong
Several laws and ordinances govern the inheritance procedures in Hong Kong. The Wills Ordinance and the Inheritance Ordinance are the most important documents and the ones that are used as guidance for any inheritance issues and litigations that may arise between heirs.
Wills in Hong Kong
The inheritance procedure can differ according to the value of the estate owned by the deceased and other provisions and indications he or she might have left for the legal successors. If there is no will, the property and other assets will be passed on to the surviving relatives according to their legal rights. If, however, there is a will, the right to inherit will be changed by the document and the beneficiaries will be those listed in the will.
Wills in Hong Kong can only be concluded by individuals who are considered of legal age. The will is only valid if it is in writing, signed by the testator and in the presence of two more witnesses. The witnesses can either attest and sign the will themselves or acknowledge the signature of the individual giving the will.
Individuals who carry our military, air force or naval services are included in a separate, privileged wills category.
Court orders in inheritance cases in Hong Kong
A Hong Kong court
has the right to enforce certain actions, if they are clearly expressed in the will of the deceased. Periodical payments, transfers of property in Hong Kong
, benefit settlements and others can be enforced by court order and the court has regard in exercising its powers. In exercising its powers in inheritance cases, the court will take into consideration all and any particular aspects of the case.
The experts at our law firm in Hong Kong can help you throughout the inheritance procedures, can represent you in court and can help you draw up wills.
For more information about other laws in Hong Kong, including the civil law
, you can contact our Hong Kong law firm.