A valid will is more important to you if your answer is yes to one of the following questions:
- I have minors or dependents;
- I am a divorced person;
- I have overseas or Mainland China assets;
- I own an operating business.
Your family members may contest your will, but the chances of a successful challenge are minimized if the drafting lawyer did properly prepare the will.
When a person dies with estate left under the deceased’s name, generally a Grant of Probate or a Letter of Administration will have to be obtained from the Probate Registry of the High Court of the HKSAR before any of the deceased’s assets in Hong Kong can be dealt with. A Grant of Probate or Letter of Administration acts as an evidence of a person’s right to deal with the estate of the deceased. The time required to obtain a grant of probate (die testate, with will) is normally shorter compared to getting a letter of administration (die intestate, without will).
