WILLS ORDINANCE

WILLS ORDINANCE

LAWS OF HONG KONG

WILLS ORDINANCE

CHAPTER 30





CHAPTER 30.

WILLS ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section. page.

PART I.

PRELIMINARY

1.Short title ........................ ... ... ... ... ... ... ... 2

2.Interpretation ..................... ... ... ... ... ... ... ... ... ... 2

PART II.

WILLS.

3.All property may be disposed of by will ... ... ... ... ... ... ... 2

4.No will of a person under age valid ... ... ... ... ... ... ... ... 2

5.Signing and witnessing will ... ... ... ... ... ... ... ... ... ... 2

6.Privileged wills ................. ... ... ... ... ... ... ... ... ... 4
7.Appointment. by will ............. ... ... ... ... ... ... ... ... ... 4

8.Publication of will not necessary ... ... ... ... ... ... ... ... ... 4

9.Will not void on account of incompetency of witness ... ... ... ... 4

10.Avoidance of gifts to attesting witnesses and their spouses ... ... ... ... 4

11.Creditor attesting will charging estate with debts admissible as witness ... 5

12.Executor admissible as witness ... ... ... ... ... ... ... ... ... 5
13.Revocation of will by marriage ... ... ... ... ... ... ... ... ... 5

14.No revocation by presumption from altered circumstances ... ... ... 5

15.Modes of revocation of will ... ... ... ... ... ... ... ... ... ... 5

16.Alterations in will after execution ... ... ... ... ... ... ... ... 5

17. Revoked will not revived otherwise than by re-execution or codicil ... ... 6

18. Subsequent conveyance or other act not to prevent operation of will ... ... 6

19.Will to speak from death of testator ... ... ... ... ... ... ... ... 6

20.General disposition of land to include leasehold ... ... ... ... ... 6

21.General disposition of property to include property over which testator

has a general power of appointment ....... ... ... ... ... ... ... 6

22.Meaning of 'die without issue' etc . ... ... ... ... ... ... ... ... 6

23. Gifts to children or other issue who leave issue living at the testator's death 6

PART III.

CONFLICT OF LAWS RELATING To TESTAMENTARY DISPOSITIONS







24.General rule as to formal validity ... ... ... ... ... ... ... ... 7

25.Additional rules ................ ... ... ... ... ... ... ... ... ... 7

26.Certain requirements to be treated as formal ... ... ... ... 7

27.Construction of wills ......... ... ... ... ... ... ... ... ... ... 7

28.Application where two or more systems of law in force in territory or state 8

29.Determination of conformity of execution of will to particular law ... ... 8

PART IV.

APPLICATION.

30.Application........................... ... ... ... ... ... ... ... ... ... 8





CHAPTER 30.

WILLS.

To consolidate and amend the law relating to wills.

[13th March, 1970.]

PART I.

PRELIMINARY.

1. This Ordinance may be cited as the Wills Ordinance.

2. In this Ordinance, unless the context otherwise requires

'disposition' means any devise, bequest, gift or appointment, or the
giving of any estate or interest;

'internal law' in relation to any territory or state means the law which
would apply in a case where no operation of the law in force in any
other territory or state arose;

'personal representative' means the executor, original or by
representation, or administrator for the time being of a deceased
person;

'property' includes all property both real and personal;

'state' means a territory or group of territories having its own law of
nationality;

'will' includes a codicil and any other testamentary instrument or act,
and 'testator' shall be construed accordingly.

PART II

WILLS.

3. A person may by his will, executed in accordance with this
Ordinance, dispose of all property which he is beneficially entitled to at
the time of his death and which on his death devolves upon his
personal representatives.

4. Subject to section 6, no will made by any person under age of
tewnty - one year shall be valid.

5. (1) Subject to subsection (2), no will shall be valid unless it is in
writing and executed in accordance with the following rules:

Rule 1.It shall be signed at the foot or end thereof by the
testator, or by some other person in his presence and by
his direction.





testator in the presence of two or more witnesses present
at the same time, and each witness shall attest by his
signature the signature of the testator, or of the person
signing for him, in the piesence of the testator, but no
form of attestation shall be necessary.

person signing for him, is so placed at or after, or
following, or under, or beside, or opposite to the end of
the will, that it is apparent on the face of the will that the
testator intended to give effect by the signature to the
writing signed as his win.

not be affected if

(a)the signature does not follow or is not immediately after
the foot or end of the will; or

(b)a blank space intervenes between the concluding word of
the will and the signature; or

(c)the signature-

(i) is placed among the words of the testimonium
clause or of the clause of attestation; or

(ii) follows or is after or under the clause of attestation,
either with or without a blank space intervening; or

(iii) follows or is after, or under, or beside the names or
one of the names of the attesting witnesses; or

(d)the signature is on a side or page or other portion of the
papers containing the will on which no clause or
paragraph or disposing part of the will is written above
the signature; or

(e)there appears to be sufficient space on or at the bottom
of the preceding side or page or other portion of the same
paper on which the will is written to contain the
signature.

disposition or direction which is underneath or which
follows it, nor shall it give effect to any disposition or
direction inserted after the signature is made.

(2) Any will of a Chinese testator written wholly or substantially in
Chinese and signed by the testator shall be valid and duly executed
although not executed in accordance with the rules set out in
subsection (1).





6. (1) Any member of Her Majesty's Forces being in actual naval
military or air force service, and any mariner or seaman being at sea, may

(a)dispose of any of his property;

(b)exercise any power of appointment; or

(c)appoint a person as guardian of his infant children by will,

without complying with any of the rules specified in subsection (1) of
section 5.

(2) For the avoidance of doubt it is hereby declared that a
person referred to in this section is authorized to dispose of his
property by will though he is-the ago of twenty-one years
7\

7. (1) No appointment made by will, in exercise of any power, shall
be valid unless it is executed in accordance with section 5.

(2) Every will so executed shall, so far as concerns its execution and
attestation, be a valid execution of a power of appointment by will,
notwithstanding that it has been expressly required that a will made in
exercise of such power shall be executed with some additional or other
form of execution or solemnity.

8. Every will executed in accordance with section 5 shall be valid
without any other publication thereof.

9. If a person who attests the execution of a will is, at the time of
execution or at any time afterwards, incompetent to be admitted a
witness to prove the execution, the will shall not on that account be
invalid.

10. (1) If a person attests the execution of a will, and any
disposition of or affecting any property (other than charges and
directions for the payment of any debt) is given or made by the will to
that person or his spouse, that disposition shall, so far only as concerns
the person attesting the execution of the will, or the spouse of that
person, or any person claiming under that person or spouse, be void.

(2) The person so attesting shall be admitted as a witness to prove
the execution of the will, or to prove the validity or invalidity thereof,
notwithstanding such disposition.

(3) For the purposes of subsection (1) of this section the attestation
of a will by a person to whom or to whose spouse there is given or made
any such disposition as is described in that subsection shall be
disregarded if the will is duly executed without his attestation and
without that of any other such person.





11. If by will any property is charged with any debt and a creditor,
or the spouse of a creditor, whose debt is so charged, attests the
execution of the will, the creditor, notwithstanding such charge, shall be
admitted a witness to prove the execution of the will, or to prove the
validity or invalidity thereof.

12. A person shall not, by reason only of his being an executor of a
will, be incompetent to be admitted a witness to prove the execution of
such will, or a witness to prove the validity or invalidity thereof.

13. (1) A will shall be revoked by the subsequent marriage of the
testator except a will expressed to be made in contemplation of that
marriage.

(2) This section shall not apply to a will made in exercise of a power
of appointment when the property thereby appointed would not, in
default of the appointment, pass to the personal representative of the
testator.

14. No will shall be revoked by any presumption of an intention on
the ground of an alteration in circumstances.

15. No will or any part thereof shall be revoked otherwise than

(a)by marriage as provided by section 13; or

(b) by another will executed in accordance with section 5; or

(c)by a written revocation executed in the manner in which the
will was executed; or

(d)by the burning, tearing or otherwise destroying of it by the
testator, or by some person in his presence and by his
direction, with the intention of revoking it.

16. (1) No obliteration, interlineation, or other alteration made in a
will after execution shall be valid or have any effect, except so far as the
words or effect of the will before such alteration are not apparent, unless
such alteration is executed in the manner in which the will was executed.

(2) The will, with such alteration as part thereof, shall be deemed to
be duly executed if the signature of the testator, and the signature of
each witness if any is required, is made

(a)in the margin or on some other part of the will opposite or near
to such alteration; or

(b)at the foot or end of or opposite to a memorandum referring to
such alteration and written at the end or some other part of the
will.





17. (1) No will or any part thereof, which is in any manner revoked,
shall be revived otherwise than by the re-execution thereof or by a
codicil executed in accordance with section 5 and showing an intention
to revive it.

(2) When any will which is partly revoked, and afterwards wholly
revoked, is revived, such revival shall not extend to so much thereof as
was revoked before the revocation of the whole thereof, unless an
intention to the contrary is shown.

18. No conveyance or other act made or done subsequently to the
execution of a will of or relating to any property comprised therein,
except an act by which the will is revoked in accordance with section 15,
shall prevent the operation of the will with respect to any estate or
interest in such property which the testator has power to dispose of by
will at the time of his death.

19. Every will shall, with reference to the property comprised in it,
be construed to speak and take effect as if it had been executed
immediately before the death of the testator, unless a contrary intention
appears from the will.

20. A general disposition of land shall be construed to include
leasehold interests, unless a contrary intention appears from the will.

21. A general disposition of property shall be construed to include
any property which the testator may have power to appoint in any
manner he may think proper and shall operate as an execution of such
power, unless a contrary intention appears from the will.

22. In a disposition of property, the words 'die without issue', or
'die without leaving issue-, or 'have no issue-, or any other words
which may import either a want or failure of issue of any person in his
lifetime or at the time of his death, or an indefinite failure of his issue,
shall be construed to mean a want or failure of issue in his lifetime or at
the time of his death, and not an indefinite failure of issue unless a
contrary intention appears from the will.

23. Where a person, being a child or other issue of the testator to
whom any property is given for any estate or interest not determinable at
or before the death of that person, dies in the lifetime of the testator
leaving issue, and any such issue of that person is living at the time of
the death of the testator, the gift shall not lapse but shall take effect as if
the death of that person had happened immediately after the death of the
testator, unless a contrary intention appears from the will.
Originally 32 of 1970. Short title. Interpretation. 1963 c. 44, s. 6 (1). 1925 c. 23, s. 53. 1963 c. 44, s. 6(1). 1963 c. 44, s. 6(1). All property may be disposed of by will. [cf. 1837 c. 26, s. 3.] No will of a person under age valid. 1837 c. 26, s. 7. Signing and witnessing will. [cf.1837 c. 26, s. 9 and 1852 c. 24, s. 1.] Privileged wills. [cf. 1837 c. 26, s. 11, and 1918 c. 58.] Appointment by will. [cf. 1837 c. 26, s. 10.] Publication of will not necessary. 1837 c. 26, s. 13. Will not void on account of incompetency of witness. 1837 c. 26, s. 14. Avoidance of gifts to attesting witnesses and their spouses. [cf. 1837 c. 26, s. 15.] 1968 c. 28, s. 1. Creditor attesting will charging estate with debts admissible as witness. 1837 c. 26, s. 16. Executor admissible as witness. [cf. 1837 c. 26, s. 17.] Revocation of will by marriage. [cf. 1837 c. 26, s. 18, and 1925 c. 20, s. 177.] No revocation by presumption from altered circumstances. 1837 c. 26, s. 19. Modes of revocation of will. [cf. 1837 c. 26, s. 20.] Alterations in will after execution. 1837 c. 26, s. 21. Revoked will not revived otherwise than by re-execution or codicil. 1837 c. 26, s. 22. Subsequent conveyance or other act not to prevent operation of will. 1837 c. 26, s. 23. Will to speak from death of testator. 1837 c. 26, s. 24. General disposition of land to include leasehold. [cf 1837 c. 26, s. 26.] General disposition of property to include property over which testator has a general power of appointment. [cf. 1837 c. 26, s. 27.] Meaning of 'die without issue' etc. [cf. 1837 c. 26, s. 29.] Gifts to children or other issue who leave issue living at the testator's death. [cf.1837 c. 26, s. 33.]

Originally 32 of 1970. Short title. Interpretation. 1963 c. 44, s. 6 (1). 1925 c. 23, s. 53. 1963 c. 44, s. 6(1). 1963 c. 44, s. 6(1). All property may be disposed of by will. [cf. 1837 c. 26, s. 3.] No will of a person under age valid. 1837 c. 26, s. 7. Signing and witnessing will. [cf.1837 c. 26, s. 9 and 1852 c. 24, s. 1.] Privileged wills. [cf. 1837 c. 26, s. 11, and 1918 c. 58.] Appointment by will. [cf. 1837 c. 26, s. 10.] Publication of will not necessary. 1837 c. 26, s. 13. Will not void on account of incompetency of witness. 1837 c. 26, s. 14. Avoidance of gifts to attesting witnesses and their spouses. [cf. 1837 c. 26, s. 15.] 1968 c. 28, s. 1. Creditor attesting will charging estate with debts admissible as witness. 1837 c. 26, s. 16. Executor admissible as witness. [cf. 1837 c. 26, s. 17.] Revocation of will by marriage. [cf. 1837 c. 26, s. 18, and 1925 c. 20, s. 177.] No revocation by presumption from altered circumstances. 1837 c. 26, s. 19. Modes of revocation of will. [cf. 1837 c. 26, s. 20.] Alterations in will after execution. 1837 c. 26, s. 21. Revoked will not revived otherwise than by re-execution or codicil. 1837 c. 26, s. 22. Subsequent conveyance or other act not to prevent operation of will. 1837 c. 26, s. 23. Will to speak from death of testator. 1837 c. 26, s. 24. General disposition of land to include leasehold. [cf 1837 c. 26, s. 26.] General disposition of property to include property over which testator has a general power of appointment. [cf. 1837 c. 26, s. 27.] Meaning of 'die without issue' etc. [cf. 1837 c. 26, s. 29.] Gifts to children or other issue who leave issue living at the testator's death. [cf.1837 c. 26, s. 33.]

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