Making a Will for Expats in Hong Kong

Hong Kong’s reputation as a global financial hub continues to attract professionals from around the world, contributing to its diverse population. In 2024, the Census and Statistics Department reported a population increase to 7.53 million, partly driven by net migration and an increasing number of expatriates moving into the region.

For expatriates, legacy planning becomes a priority due to the uncertainties of living abroad. This article provides a clear guide for expats on how to make a legally valid will in Hong Kong, and how NobleWills can help make the process simple and reliable.

Why Expatriates Need a Will

Many expatriates move to Hong Kong for career opportunities and may acquire significant assets during their stay, including:

• Bank accounts
• Investment portfolios
• Retirement funds
• Residential property

Without a valid will, your estate may not be distributed according to your wishes and may instead fall under Hong Kong’s intestacy rules.

Under the Intestates Estates Ordinance (Cap. 73), the order of succession is:

1. Surviving spouse
2. Children (issue)
3. Parents
4. Siblings (whole blood) and their issue
5. Siblings (half blood) and their issue
6. Grandparents
7. Uncles and aunts (whole blood)
8. Uncles and aunts (half blood)
9. Government (bona vacantia)

It’s important to note that your spouse does not automatically inherit 100% of your estate. For example, if you have a spouse and two children, your spouse would only receive the first HK$500,000 of your estate, and the remainder would be shared between your spouse and children.

For this reason, expatriates should consider using professional estate planning services to manage their Hong Kong assets. NobleWills helps expats create valid wills that comply with Hong Kong law and reflect their intentions clearly.

Key Considerations When Making a Will

Expat life often involves significant changes such as relocation, marriage, children, or property purchases. These milestones are key triggers to review or update your will.

According to Go Globe, expatriates make up 4.6% of Hong Kong’s population. Given the mobility and life changes of expats, it is essential to plan ahead.

Below are the key factors expats should consider when making a will in Hong Kong:

Legal Requirements

To be legally valid in Hong Kong, a will must satisfy the following conditions:

• It must be in writing
• It must contain the testator’s signature
• It must be witnessed by two independent adults who are not beneficiaries of the will

These requirements ensure that the will reflects the testator’s genuine intentions and is legally enforceable. NobleWills guides you through each step to ensure compliance.

Assets

Expats often own assets both in Hong Kong and overseas. When making a will, it’s essential to categorise assets properly:

Hong Kong assets may include:

• Property
• Bank accounts
• Investments and securities
• Business interests

Overseas assets may include:

• International bank accounts
• Overseas property
• Retirement funds
• Digital assets

Cross-border assets add complexity because inheritance laws vary between jurisdictions. This is where NobleWills’ professional will specialists can help you structure your estate plan effectively.

Creating separate wills for different jurisdictions may be necessary in certain situations for the proper management of international assets. NobleWills can help you determine whether you need one will or multiple wills for your international assets.

Beneficiaries

Naming beneficiaries is one of the most personal aspects of estate planning. A Will allows you to recognise:

• Spouses or partners
• Children (including stepchildren)
• Friends or relatives
• Charities

Without a will, personal relationships may not be legally recognised under Hong Kong’s intestacy laws. That’s why it’s important to update your will after major life events, such as:

• Marriage or divorce
• Birth of a child
• Purchase of property
• Change in residency
• Change in citizenship

NobleWills makes it easy to update your will as your life changes.

Guardianship for Minor Children

If you have minor children, appointing a guardian is one of the most important decisions in your will. In the absence of clear instructions, disputes may arise between family members regarding your child’s care.

NobleWills can help you appoint a guardian and provide clear instructions to protect your child’s wellbeing in the event of unexpected circumstances.

Executor Selection and Responsibilities

Your executor is responsible for administering your estate, paying debts, and distributing assets according to your will. Expatriates should choose an executor who is:

• Trustworthy
• Organised
• Familiar with legal procedures
• Available in Hong Kong or able to appoint a local law firm

NobleWills can help you choose an appropriate executor and ensure your Will clearly outlines their responsibilities.

Making Estate Planning Simple for Expats

Moving to a foreign place introduces unique challenges, especially in the event of unforeseen circumstances. Given the competitive and extensive environment expatriates face, planning ahead ensures the security of your loved ones. That’s why expats are encouraged to draft their Wills in advance, regardless of their location.

NobleWills offers comprehensive guidance for expats to draft enforceable Wills for their assets in Hong Kong. We simplify the process, making estate planning effortless and empowering. To learn more, visit our website today!

Frequently Asked Questions (FAQs)

Here are answers to common questions about making Wills for expatriates:

How to make a Will in Hong Kong?

A Will must be in writing, signed by the testator, and witnessed by two independent adults who are not beneficiaries of the estate. In addition, it should clearly state how assets are distributed to ensure the document is legally valid.

Are foreign Wills valid in Hong Kong?

Foreign Wills may be recognized in Hong Kong if they comply with the law of the place where they were made. However, they may still require a separate probate process.

Can I include assets held outside Hong Kong in my Will?

Yes, overseas assets can be included. However, depending on the jurisdiction, most assets especially property, follow the laws of where they are located.