How to Make a will in Hong Kong to deal with Assets in the Mainland China – Questions and Answers
Hong Kong resident have assets in Hong Kong and the Mainland. How should they make a will?
Answer: There is no only way, but the best way (the most convenient way to handle inheritance after the death of the deceased) is to make a will in Hong Kong. In this will, all assets in Hong Kong and the Mainland will be dealt with. For details, please see our article “How do cross-border residents make a will to deal with assets in the Mainland and Hong Kong?》
If Hong Kong resident disposes of assets located in the Mainland by making a will, can they make a will in the Mainland?
Answer: Yes, s/he can make a will in the Mainland. If a Hong Kong person makes a will in the Mainland, it is best to make it through a notary office in the Mainland. Notarized wills are more authoritative under Mainland law. However, when Mainland notary offices deal with requests from Hong Kong people to make wills, they often have many requirements that are difficult or very troublesome to meet, so it is often difficult to do so. In this case, it is recommended to consider making a will in Hong Kong.
Can I make a will in Hong Kong which only deal with the assets in the Mainland and does not include not assets in Hong Kong?
Answer: It is also possible. However, if there is no Hong Kong asset part in the will, the will will usually not be probate in the Hong Kong High Court when going through inheritance procedures in the future. Therefore, when going through inheritance procedures, other methods need to be used (lawyers issuing legal opinions, publishing in newspapers). ) It is more time-consuming, laborious and expensive to prove that the will is the last will and testament of the deceased to deal with the mainland estate and that it is legal and valid.
What is the difference between a will made in Hong Kong that deals with assets in the Mainland and a general Hong Kong will that only deals with assets in Hong Kong?
Answer: If a will made in Hong Kong contains the disposal of assets in the Mainland (or includes the disposal of assets in both the Mainland and Hong Kong), when making the will, in addition to considering that the will must comply with the laws of Hong Kong, it is also necessary to consider the laws of the Mainland. Relevant laws and factors, therefore, it is recommended to first consult a mainland lawyer on the content of the draft will, or find a lawyer with knowledge of inheritance laws in both Hong Kong and the mainland.
To make a will in Hong Kong, do I need to find a doctor to issue a medical certificate first? Under what circumstances is it needed?
Answer: Not required. However, if the testator is older and his consciousness and mental capacity are weaker than ordinary people, especially if it is expected that there may be disputes or lawsuits about the will and inheritance in the future, it is recommended that you need to seek medical advice first (preferably from a doctor). Psychiatrist) to prove that the testator’s mental condition is sufficient to make a will, and then find a lawyer to make a will. For legal issues on how to ensure the testator’s testamentary capacity, please see our article “Making a Will in Hong Kong: How to ensure the testamentary capacity of the testator?》
When your firm assists client to make a will to deal with assets in the Mainland, will your firm assign a Hong Kong lawyer or a Mainland lawyer to handle it?
Answer: Our firm (Yan Lawyers) has both Hong Kong lawyers and mainland lawyers who handle wills and inheritance matters. Our director, Yan Xianming, has the qualifications of both a Hong Kong lawyer and a mainland lawyer. . When making a will to deal with Mainland estates (or Hong Kong estates and Mainland estates at the same time), our lawyers will take into account not only the requirements and regulations regarding wills under Hong Kong law (such as the form of the will, witnesses, etc.), but also the Mainland’s Issues related to wills under the law (such as issues related to joint property of husband and wife under mainland law, mandatory reserved shares, etc.).
When making a will in Hong Kong to deal with assets in the Mainland, is it necessary to obtain notarization of the will when making the will?
Answer: When making a will in Hong Kong to deal with assets in the Mainland (including wills that deal with estates in the Mainland and Hong Kong), notarization is not required. After the testator passes away, his heirs need to go through the notarization procedures of the Ministry of Justice of China when going through the procedures for inheriting the inheritance in the Mainland.
If a will is made in Hong Kong to deal with assets in the Mainland, how should the heirs proceed with the procedures for inheriting the assets in the Mainland after his death?
Answer: If the will also contains Hong Kong assets, after the testator dies, he should first apply to the High Court for probate; then the Chinese Ministry of Justice in Hong Kong will entrust a notary to handle the notarization of the inheritance of the mainland assets; and then with the Chinese The notarized document from the Ministry of Justice notary goes to the location of the inheritance in the Mainland to handle procedures such as notarization of inheritance rights, transfer of property, and receipt of inheritance. If there are no Hong Kong assets in the will, the High Court probate cannot be processed, so the probate steps in the above steps are not required. Instead, a Hong Kong lawyer needs to issue a Hong Kong legal opinion or other methods accepted by the mainland notary authority. Prove the legal validity of the will. Our firm can assist and represent clients in handling all the above procedures (including inheritance procedures in Hong Kong and Mainland China) in one stop.
What is the procedure for making a will at your firm? Who needs to be present?
Answer: only the testator is required to go to our office to make a will, and no other person is required to be present. If the testator has mobility difficulties, an appropriate person can be arranged to accompany him or her. The testator usually needs to visit our firm twice: During the first preliminary meeting, the lawyer understands all aspects of the testator’s situation and his wishes for making a will; after the first meeting, the lawyer will draft the will and send it to the testator. Comment or approval; second meeting, lawyer witnesses the signing of the will.
What documents do I need to bring to your office to make a will?
Answer: The testator needs to bring his or her own identity document, proof of address, and a copy of the identity certificate of the beneficiary of the will. For other assets that require special treatment in the will (such as real estate), you can bring relevant supporting documents to verify address information, etc.
How can I contact your firm and make an appointment to make a will?
Answer: You can contact us by phone (+852 31881995, or 51039249), or WeChat (00852 51039249), Whatsapp (+852 51039249) or email ([email protected]) to contact us and make an appointment.