Revoking Wills in Hong Kong
Revocation of a will in Hong Kong is a legal process that terminates the validity of an existing will. This can be done in several ways, as outlined below:
Methods of Revocation
Making a New Will:
Creating a new will explicitly revokes all previous wills unless the new will states otherwise.
Physical Destruction:
Intentionally destroying the will by burning, tearing, or otherwise rendering it illegible can revoke it. However, there must be clear evidence of intent to revoke.
Marriage:
A subsequent marriage automatically revokes a will made before the marriage, unless the will specifically states otherwise.
Important Considerations
Divorce: Divorce does not automatically revoke a will in Hong Kong. However, it may affect the provisions relating to the former spouse.
Codicils: A codicil is an amendment to a will. It can revoke specific provisions of the original will but does not revoke the entire document unless it explicitly states so.
Presumption of Revocation: There is no presumption of revocation based on altered circumstances. A will remains valid until it is revoked through one of the above methods.
Seeking Professional Advice
Due to the complexities involved in wills and their revocation, it is highly recommended to consult with a qualified Hong Kong lawyer to ensure that your wishes are legally protected and executed correctly.
Codicil: What It Means, How It Works, When to use It
Revocation of Wills
Ways to revoke a Will and How to keep a Will safe
WILLS ORDINANCE
Comments