Wills
What is a will?
A will is a legally binding document that is primarily used to specify how one’s assets are to be distributed after death, ensuring that their estate is allocated according to wishes and that the people they care about are provided for. However, the functionality of a will extends beyond this. Other often-overlooked aspects include expressing wishes for funeral and burial arrangements, appointing guardians for minor children, and even placing assets in a trust for the care of pets.
Our fees
The fees depend on the complexity of the will. A standard tailor-made simple will (say, involving no more than three beneficiaries and no more than five specific bequests) typically costs around HKD 2,500.
* Project Alongside is funded by Social Innovation Enterprise Fund, offering complimentary simple will drafting service with a limited quota to individuals eligible under any of the following criteria:
- Receiving monthly allowance from the government, e.g. Comprehensive Social Security Assistance (CSSA) and disability allowance;
- Having income below the poverty line of Hong Kong;
- Living in public housing; or,
- Living in a subdivided flat.
Importance of a will
Creating a will ensures that your estate is used or distributed according to your wishes after death, and that posthumous arrangements are carried out by trusted individuals. It achieves post-death autonomy.
Post-death autonomy is particularly crucial for the sexual/gender minority community. For instance, if homosexuals don’t create a will before death, their non-married same-sex partners lack legal standing to inherit their estate or manage their posthumous affairs. Prejudices against the sexual/gender minority community often leads to estrangement or even hostility between their partners and parents, often resulting in the exclusion of non-married partners from post-death matters. Unfortunately, same-sex marriage is still not legalized in Hong Kong, requiring same-sex couples to marry overseas, which can be a significant barrier.
Even for married same-sex partners, the rights recognized by the courts in various judicial reviews are the only ones they are entitled to. Whether these partners have inheritance rights is still pending a final judgment by the Court of Final Appeal. Regarding handling married spouse’s posthumous matters, even though the government promised to treat same-sex married couples equally in the case of Li Yik Ho vs Secretary for Justice and Director of Health, the relevant departments have neither laid down a non-discriminatory policy nor fully reviewed and amended the relevant laws. This legal grey area leaves homosexuals with a lot of uncertainty in protecting their and their partners’ rights. In any event, these rulings do not protect non-married or same-sex partners in civil union.
Under the existing legal framework, a will is the best legal tool to protect the rights of the sexual/gender minority and their partners. On one hand, they can appoint their partner as the executor of the wills, granting them legal standing to handle their posthumous affairs, including funeral and burial arrangements. On the other hand, they can designate their partner as the beneficiary of their estate, resolving legal uncertainties and gaps.
The government is soon to establish an alternative framework for legal recognition of same-sex partners, does this mean that homosexuals will no longer need to make a will?
No.
There are still many uncertainties surrounding this alternative framework. The Hong Kong government previously indicated that the related legislative process might not be completed within the two-year period imposed by the Court of Final Appeal. Whether same-sex partners will have the same rights under this alternative framework as opposite-sex married partners in terms of estate inheritance and posthumous affairs is still unknown.
Even if they were to have equal inheritance rights as opposite-sex married partners, this would only mean that the deceased’s estate will be distributed according to the methods outlined in the Intestates’ Estates Ordinance, which probably would not reflect the deceased’s wishes.
How to make a will?
Hong Kong law has imposed certain formal requirements for valid wills. For example, the person making the will must sign it in the presence of two witnesses, and these witnesses cannot be beneficiaries or the spouses of the beneficiaries.
Alongside arranges for experienced and professional draftsmen to prepare wills based on clients’ instructions, and also for the witnessing of signing, ensuring the will’s validity.
If needed, we can also refer clients to our collaborating law firms that are LGBTQIA+ friendly and offer exclusive discounts for Alongside’s clients.
Does making a will mean
'One and Done'?
Our intentions regarding estate distribution may change at different stages of life. Events that occur after making a will (such as marriage or the death of a beneficiary) can also impact its execution. Hence, Alongside recommends those who have made a will should from time to time review its terms, and consider whether they still reflect the current wishes.
Questions?
We are eager to hear from you and provide any assistance you may need. We look forward to connecting with you soon!