Wills and Probate

It’s only natural for many people to put off thinking about a Will.

Nobody wants to be reminded of their own mortality and there is always the excuse that there is time to do this later.

However, like a good insurance policy, preparing a Will is about protecting your family and loved ones.

You hopefully won’t need it for many years, but creating a Will can provide financial security and support for those you care about, especially minor children or dependents.

It can minimize family disputes about the distribution of assets.

A Will allows you to designate a guardian for your minor children, ensuring they are cared for by someone you trust.

A well-prepared Will can help streamline the probate process, making it easier and less time-consuming for your beneficiaries to receive their inheritance.

Above all, creating a Will provides peace of mind, knowing you have taken the necessary steps to provide for your loved ones and ensuring your wishes are known and honoured.

Key Benefits of a Will

• Ensure Your Wishes Are Honored.
• Protect Your Loved Ones.
• Minimize Family Disputes.
• Choose Guardianship.
• Expedite the Probate Process.
• Peace of Mind.

At Haldanes, our Wills and Probate team of experienced professionals specialise in providing personalised guidance and tailoring solutions for estate planning, preparation of Wills and assets management for clients in Hong Kong and internationally.

We pride ourselves in understanding each of your individual circumstances to tailor and develop the most appropriate legal strategies, ensuring your interests and wishes are well-protected and managed.

Wealth management is becoming increasingly important and complex nowadays, particularly for high-net-worth individuals and families.

Whether you need help preparing Wills, Enduring Powers of Attorney, applications for Grants of Representation, or administration of estates, we excel at providing the guidance you need.

Our Wills and Probate team has also earned a well-founded reputation for the exceptional service it provides in handling both contentious and non-contentious probate matters.

We work closely with our clients, whether they are testators, executors, administrators and/or beneficiaries of estates, to deliver carefully planned, cost-effective and customised solutions that preserve and enhance their wealth in the long run.

Wills

Preparation of a Will is an important part of estate planning. It is a legal document which specifies, in particular, how the assets of an individual are to be distributed after their demise.

By leaving a Will, an individual has died testate, allowing them to arrange for the disposal of their assets as they wish. Execution of Wills is a crucial step to ensure the final wishes of an individual are properly carried out.

Grant of Representation

When an individual dies they may leave behind an estate consisting of assets like bank accounts, stocks and landed properties.

Regardless of whether a deceased person left a Will, a Grant of Representation must be obtained from the High Court of Hong Kong before their assets can be administered.

Determining the appropriate jurisdiction and laws that should govern the administration and succession of the estate of the deceased can be less than straight-forward, especially if there are foreign elements involved.

For example, succession of immovable property is usually governed by the laws of the jurisdiction where the property is located, while succession of movable property (e.g. cash, shares, personal belongings) is generally governed by the laws of the deceased’s place of domicile at the time of death.

We provide practical and effective solutions in making applications for Grant of Representation and take care of the needs of our clients at a difficult and emotional time for them.

Enduring Power of Attorney

An Enduring Power of Attorney (“EPoA”) is a legal instrument which allows an individual, known as the donor, to appoint one or more attorneys to manage the property and financial affairs of the donor.

Crucially, an EPoA remains valid and enforceable even if the donor later becomes mentally incapacitated.

To create a legally effective EPoA, it involves the donor signing the document in the presence of a registered medical practitioner, who will certify the donor’s mental capacity.

The donor must also sign the EPoA in the presence of a solicitor.

Having an EPoA in place is an important safeguard, ensuring one’s financial affairs can be properly managed in the unfortunate event the donor loses mental capacity in the future and to minimise the necessity of incurring substantial costs to apply for a court order to manage the assets of the donor.

Part II of the Mental Health Ordinance

Individuals are considered mentally incapacitated if they lack the cognitive ability to make rational decisions or understand the consequences of their actions.

This condition can arise from a variety of factors, including old age, mental illness, or the effects of injury.

Mentally incapacitated persons (“MIPs”) often struggle to manage their personal affairs, make important life choices, or participate fully in legal proceedings.

Our team of experienced lawyers have extensive experience in representing applicants seeking to be appointed as committees under Part II of the Mental Health Ordinance (Cap.136).

An order granted by the High Court of Hong Kong allows the committee to handle a wide range of assets of the MIPs.

Our expertise will assist applicants and/or committees in administering the assets of the MIPs, who may or may not reside in Hong Kong yet hold assets in Hong Kong.