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Wills and Probate Lawyers in Hong Kong.

Find a probate lawyer in Hong Kong for wills, grants of probate, letters of administration and estates in several countries. Compare firms and typical fees.

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Key facts

Is there inheritance tax in Hong Kong?
No. Estate duty was abolished for deaths on or after 11 February 2006, and no estate duty clearance papers are needed to apply for a grant.
Can families apply for probate themselves?
Yes. A grant can be applied for in person at the Probate Registry, but Registry staff cannot give legal advice and an unqualified agent cannot act for you.
How long does probate take?
For a simple application, about five to seven weeks on average. Complicated estates and unanswered requisitions take longer.
Does a Hong Kong grant cover assets abroad?
No. It covers the estate in Hong Kong only. Assets elsewhere, including in the Mainland and Macau, are dealt with under local law.

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What a probate lawyer in Hong Kong does

A probate lawyer in Hong Kong is a solicitor who helps with two jobs: making a will that will hold up, and obtaining the court's authority to deal with an estate after a death. That authority is called a grant. In Hong Kong it is issued through the Probate Registry of the High Court under the Probate and Administration Ordinance (Cap. 10).

There are three kinds of grant. Probate goes to the executor named in a will. Letters of administration go to an administrator when there is no will. Letters of administration with the will annexed cover a will where no executor is appointed or able to act. Whichever applies, the grant is the document that lets someone deal with the Hong Kong estate.

Making a will in Hong Kong

A valid will has to be in writing and signed by the person making it, or by someone else in their presence and at their direction. The signature must be made or acknowledged in front of two or more witnesses present at the same time. The person must be at least 18, or married if younger, and have the mental capacity to make it.

A will can appoint up to four executors and name a guardian for children under 18. You can write your own, but a solicitor earns the fee when assets sit in more than one country, a business is involved, or the family is not a simple one.

When you need a probate lawyer, and when you don't

Families can often handle a simple Hong Kong estate without a lawyer. There has been no estate duty for deaths on or after 11 February 2006, so no tax clearance is needed before applying. You can apply for a grant in person, and the Registry's Public Application Section can help with simple cases. For a simple application, a grant usually takes about five to seven weeks.

Very small estates may not need a grant at all. The Official Administrator can deal summarily with an estate of up to HK$150,000 made up of cash, money in the deceased's sole bank account, and Mandatory Provident Fund benefits, for a commission of 5% on the first HK$1,000, 2.5% on the next HK$4,000 and 1% on the balance.

The limits of going alone are real. Registry staff are barred from giving legal advice, and a personal applicant cannot use a paid or unpaid agent; only a solicitor can act for you. The Judiciary itself suggests a solicitor where the application is not simple, the estate is complicated, or the procedures are unfamiliar. A disputed will or a family disagreement over who should administer is lawyer territory from the start.

Assets in more than one country

Expat estates need the most care here. A Hong Kong grant covers the estate in Hong Kong only, so a flat in London or an account in Singapore is dealt with under the law of the place where it sits. Where the deceased lived and intended to stay, called domicile, decides who gets the Hong Kong grant and how the estate is shared.

If the deceased was domiciled abroad, the Registry has a separate procedure for sealing a foreign grant, and a family member entitled to the grant who lives outside Hong Kong can apply through an attorney. Getting that power of attorney signed and certified correctly is work a notary public in Hong Kong, or an equivalent where the family member lives, can help with.

Choosing a firm and what it costs

Ask whether the firm handles contested probate or only grant applications, and whether it works with lawyers in the other countries where assets are held. Firms listed on Justenda set their own fees. A will or a simple grant is often quoted as a fixed fee; a dispute is usually billed by the hour.

An inherited flat usually needs a property lawyer in Hong Kong once the grant is issued, and other needs are covered in our directory of lawyers in Hong Kong. This page is general information, not legal advice. For a specific estate, speak with a qualified solicitor: the firms below list their languages, locations, and areas of focus.

Common questions

Frequently asked questions

How long does probate take in Hong Kong?
For a simple application where the estate is not complicated, the Probate Registry says a grant usually takes about five to seven weeks on average. The grant is issued once every legal requirement is met and every requisition, meaning a Registry request for further evidence or documents, is answered. Complicated estates, missing documents and disputes all extend that time.
What is the difference between probate and letters of administration in Hong Kong?
Both are grants from the court that authorise someone to deal with an estate. Probate is granted to the executor named in a will. Letters of administration are granted to an administrator when there is no will, and letters of administration with the will annexed are used when there is a will but no executor is appointed or able to act. All three are handled by the Probate Registry of the High Court.
What makes a will valid in Hong Kong?
The will must be in writing and signed by the person making it, or by someone else in their presence and at their direction. The signature must be made or acknowledged in front of two or more witnesses present at the same time, and each witness signs or acknowledges their signature in the presence of the person making the will. That person must be at least 18, or married if younger, and have the mental capacity to make a will.
Who can apply for a grant if there is no will in Hong Kong?
The Non-Contentious Probate Rules set an order of priority: the spouse first, then the children, then the parents, then brothers and sisters. A person lower in the order can still apply if those ahead of them have died or formally renounced their right. How the estate is then shared is set by the Intestates' Estates Ordinance (Cap. 73), and a solicitor can confirm the shares for a particular family.
Does an expat need a separate Hong Kong will?
It depends on where the assets are and where the person is domiciled. A Hong Kong grant covers only the Hong Kong estate, and domicile decides both who receives the Hong Kong grant and how the estate is distributed. A solicitor can check whether an existing will made abroad works for Hong Kong assets, or whether a separate Hong Kong will is the cleaner route.

Sources

  1. Probatejudiciary.hk
  2. ird.gov.hk/eng/tax/edu.htm
  3. StoryPDFfamilyandwomen.gov.hk
  4. Probatef formfjudiciary.hk

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