A Guide to Wills and Probate Practice in Hong Kong 2nd ed

A Guide to Wills and Probate Practice in Hong Kong, Second Edition sets out the essentials of non-contentious probate practice in Hong Kong. The book explains the substantive law on wills, alongside practical guidance on will drafting and the probate process.

The Second Edition has been expanded to include a brand-new chapter on Wills and Probate Practice in Mainland China, written by Dr Dennis Tang, who is qualified in both jurisdictions.

Why should readers rely on A Guide to Wills and Probate Practice in Hong Kong?

This practical handbook is written for both practitioners and law students. It includes a selection of useful precedents, Practice Directions, and commonly used forms from the Home Affairs Department and the Probate Registry. This book also tracks recent Hong Kong and UK case law which are directly relevant to probate matters.

What is new in the Second Edition?

A Guide to Wills and Probate Practice in Hong Konghas been substantially enhanced to reflect developments in law and practice, including:

• Expanded coverage of estate and wealth-planning tools, including trusts, letters of wishes, living wills, and powers of attorney.
• Up-to-date case law,with key UK and Hong Kong decisions, such as:
  • the UK Supreme Court's decision in Ilott v Mitson [2017] and
  • LKYI v GJS (Personal representative of KO, deceased) (Financial provision claimed by de facto wife) [2024], addressing maintenance claims by a de facto wife under the Inheritance (Provision for Family Dependants Ordinance).
• Consideration of the "Golden Rule", as applied in Chiu Mei Cherry v Yip Ngan Yok & Anor [2024].
• Recognition of overseas same-sex marriages for inheritance purposes, following the Court of Final Appeal's decision in Li Yik Ho v Secretary of Justice [2024].
• Reference to UK Law Commission recommendations on "Modernising Wills Law". Given that Hong Kong's Wills Ordinance closely mirrors the UK's Wills Act 1837 (as amended by the Administration of Justice Act 1925),the book draws on relevant UK Law Commission proposals that may inform future reforms to wills legislation in Hong Kong, such as:
  • the abolition of revocation by marriage to prevent exploitation through "predatory marriages"
  • future-proofing wills law by enabling "electronic wills."
• Coverage of Mainland China-related and cross-border probate practice and procedure, including practical guidance for cases with cross-jurisdictional elements.

Who should use A Guide to Wills and Probate Practice in Hong Kong?

Solicitors handling non-contentious probate and estate planning, barristers advising on succession and family provision claims, and law students studying wills and probate law in Hong Kong. Practitioners handling cross-border estates involving mainland China will find Chapter 10 a valuable point of reference.