Expats making a will in HK

[Shenzhennifer]

Since we now have a child, I have decided that we need to make a will just in case anything happens to us, particularly if our son is left alone.
Does anyone have any experience with making a will in HK?
My husband and I are from 2 separate countries, with 2 languages, and have essentially been gypsies for the past few years, and we have no idea how long we`ll be in HK or where we will live after here. All of this makes it very complicated, and worse, EXPENSIVE. I have consulted a will firm here and their fees are more than I thought, especially since our case is not cut and dry.
Does anyone have any experience with this? I would love any advice, thanks~

 

[Obiwan]

I'm in the process of drawing up a will here.

 

[Shenzhennifer]

Can you tell me anything more, Obiwan?
Thanks~

 

[starbucks2]

Hi Jennifer

Is there any option to do a "DIY" will in your home country? In my home country you can buy a kit and make your own will. Unless you own an apartment in Hong Kong, I don't think there is any need to have a will prepared in Hong Kong. We prepared ours a few years ago before we moved to Hong Kong and I checked with the lawyer at home and they said no need to do a new one just because we had moved to Hong Kong. Might be worth looking into that as an option?

SB2

 

[Shenzhennifer]

Hi starbucks2-
I was thinking about that actually. But that seems to be a more viable option for those with a simpler situation. Ours is not since we are an international couple living in a third country. I do hesitate to have it done in HK though, since I`m sure we will have to have it changed again once we leave, whenever that will be. Also, we have to name guardians(or possible ones to be duked out at the time), as well as temporary ones since the guardians live in our home countries. Plus Canada`s and Japan`s laws (eg inheritance tax) are different so I would really want a lawyer who specialises in international law who can just tell us how to do everything. If you goof it up, the results can be detrimental, and that is not a risk I want to take for my son. It`s such a complicated subject, X 2.
Sometimes I miss my uncomplicated life of those moons ago...

 

[karmah1]

We had a Will drawn up by a solicitor in our home country (Australia) when we came back for a visit, we were living in the UK at the time. Our solicitor said we did not need to get another will in the UK, and we didn't bother when we moved to Hong Kong.

Oh just read your last post...sounds complicated!! Best of luck!!

 

[starbucks2]

Jennifer

It does sound complicated. If you have real estate in Japan and Canada then I guess those laws are relevant too. We only have personal effects here so that is why we never considered Hong Kong laws as relevant. The only property we own is in our home country.

We never named guardians for our son in our wills (which were written before he arrived) and expect that our families (who are admittedly both in the same town in the same country) would take him if anything happened to both of us. If there was any dispute on that, not that I'd expect that, then I suppose the two families would have to go to court to fight for custody. Our wills were drafted before kids but contemplated kids so no changes required there either.

You may be hard pressed to find someone in Hong Kong who is familiar with death duties etc in Japan and Canada but it sounds like with your complicated situation, it may be money well spent seeing a professional.

Good luck

SB2

 

[freddiebiscuit]

We have 2 kids now and also would like to make wills here in Hong Kong.

We did find a company in Hong Kong that specializes in making wills. We've been in contact with them, but have not yet found the time to meet and begin the process, so I cannot comment on how good they are.

Not sure if I can post the name and website here, so please PM me if you'd like that info and I'll send it along. The website is very informative.

 

[LeahH]

I hear you on the cost, we are about to do a will here and I was surprised at the price.

For us it is really only to name temporary guardians (our helpers) so the kids are not taken into care should something happen to us both.

For now we have a signed letter kept in our home explicitly stating we wish our children to stay in our home with our helpers until our family members get here from NZ and that under no circumstances are they to be taken into care.

Although this probably wouldn't hold much water, we thought it was at least something until we get the will sorted.

 

[Sazzy]

Generally speaking you should have a Will for each country where you hold assets. This will make life easier for your Executors and will liquidate the assets quicker. You should also have a HK Will to deal with guardianship of your children (if you are living here).