Succession by Will
Any person over the age of 18 may make a will. A will is a legal document which sets out how a person’s assets are to be distributed after his or her death. The person making the will is called the ‘testator’ (or ‘testatrix’ if female).
If a person makes a will, he/she can arrange how his/her assets will be shared amongst relatives other than according to the law of intestate. At the same time, the testator / testatrix can appoint executor(s) (number of executors not to exceed FOUR) to manage and distribute the assets.
Under the laws of Hong Kong, you may make a will to say how your assets will be distributed. You need to appoint an executor, who can be trusted to carry out your wishes under the will. You may leave your assets to anyone, such as your spouse and child(ren), including your children with intellectual disability. However, if your children do not have the capacity to manage the assets, a guardian will need to be appointed to manage it on their behalf. You may also set up a trust by will, in which case your assets will not be passed to your children with intellectual disability directly, but will be held on trust by the trustee (who may also be your executor), who will continue to manage your property throughout the lifetime of your dependent with intellectual disability.
If you do not make a will, your assets will be distributed according to the laws of Hong Kong. In general, this means that your surviving spouse will inherit all your personal chattels (such as personal effects, household items, cars and jewellery) and the first HK$500,000 of the residual estate. Whatever that still remains will be divided into two halves, half for your surviving spouse and the other half will be shared by your children equally. If you do not have a surviving spouse, your assets will be shared by your children equally.
如果你沒有訂立遺囑，你的遺產將會根據香港的法例進行分配。一般情況下，你尚存的配偶將會繼承你的非土地實產（如個人生活用品、家品、汽車、珠寶等）及剩餘遺產的首五十萬，之後再剩餘的遺產，一半會由你尚存的配偶繼承，另一半由而你所有的子女（包括智障子女）平分 。如果你的配偶在你離世時已經去世，你的子女將會平均分得全部遺產 。
Last updated: March 2016
Disclaimer: The information available on this website is for preliminary reference only and should NOT be considered as legal advice. You should consult your own lawyer if you want to obtain further information or legal assistance concerning any specific legal matter.