To consolidate and amend the law relating to wills.
[13 March 1970]
(Format changes—E.R. 2 of 2019)
This Ordinance may be cited as the Wills Ordinance.
In this Ordinance, unless the context otherwise requires—
disposition (處置) means any devise, bequest, gift or appointment, or the giving of any estate or interest; internal law (本土法律) 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; [cf. 1963 c. 44 s. 6(1) U.K.] personal representative (遺產代理人) means the executor, original or by representation, or administrator for the time being of a deceased person; [cf. 1925 c. 23 s. 53 U.K.] property (財產) includes all property both real and personal; sign (簽署) includes the affixing or making of a seal, mark, thumbprint or chop; (Added 56 of 1995 s. 2) state (國家) means a territory or group of territories having its own law of nationality; [cf. 1963 c. 44 s. 6(1) U.K.] will (遺囑) includes a codicil and any other testamentary instrument or act, and testator (立遺囑人) shall be construed accordingly. [cf. 1963 c. 44 s. 6(1) U.K.]A person may by will, executed in accordance with this Ordinance, dispose of all property to which he is beneficially entitled at the time of his death and which on his death devolves on his personal representatives.
(Replaced 56 of 1995 s. 3)
[cf. 1837 c. 26 s. 3 U.K.]
Subject to subsection (2), no will made by a person who has not attained full age shall be valid.
A married person, a person in actual naval, military or air force service, and a mariner or seaman at sea, may make a valid will and may validly revoke a will even though he has not attained full age.
[cf. 1837 c. 26 s. 7 U.K.; 1918 c. 58 U.K.]
(Replaced 56 of 1995 s. 3)
Subject to section 6, no will shall be valid unless— (Amended 21 of 2024 s. 78)
it is in writing, and signed by the testator, or by some other person in his presence and by his direction;
it appears that the testator intended by his signature to give effect to the will;
the signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and
each witness either—
attests and signs the will; or
acknowledges his signature,
in the presence of the testator (but not necessarily in the presence of any other witness),
but no form of attestation shall be necessary. [cf. 1982 c. 53 s. 17 U.K.]
A document purporting to embody the testamentary intentions of a deceased person shall, notwithstanding that it has not been executed in accordance with the requirements under subsection (1), be deemed to be duly executed if, upon application, the court is satisfied that there can be no reasonable doubt that the document embodies the testamentary intentions of the deceased person.
(Replaced 56 of 1995 s. 3)
Any person in actual naval, military or air force service, and any mariner or seaman at sea may by will—
dispose of any of his property;
exercise any power of appointment; or
appoint a person as guardian of his infant children,
without complying with section 5(1).
(Replaced 56 of 1995 s. 3)
[cf. 1837 c. 26 s. 11 U.K.; 1918 c. 58 U.K.]
No appointment made by will, in exercise of any power, shall be valid unless it is executed in accordance with section 5.
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.
[cf. 1837 c. 26 s. 10 U.K.]
Every will executed in accordance with section 5 shall be valid without any other publication thereof.
[cf. 1837 c. 26 s. 13 U.K.]
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.
[cf. 1837 c. 26 s. 14 U.K.]
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.
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.
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. [cf. 1968 c. 28 s. 1 U.K.]
[cf. 1837 c. 26 s. 15 U.K.]
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.
[cf. 1837 c. 26 s. 16 U.K.]
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.
[cf. 1837 c. 26 s. 17 U.K.]
No will or part of a will shall be revoked otherwise than—
by marriage as provided by section 14;
by another valid will;
by a written revocation executed in a manner in which the testator could validly execute a will; or
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.
No will shall be revoked by any presumption of an intention on the ground of an alteration in circumstances.
(Replaced 56 of 1995 s. 4)
[cf. 1837 c. 26 ss. 19 & 20 U.K.]
Subject to subsections (2), (3) and (4), a will shall be revoked by the testator’s marriage.
A disposition in a will in exercise of a power of appointment shall take effect notwithstanding the testator’s subsequent marriage unless the property so appointed would in default of appointment pass to his personal representatives.
Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that the will should not be revoked by the marriage, the will shall not be revoked by his marriage to that person.
Where it appears from a will that at the time it was made the testator was expecting to be married to a particular person and that he intended that a disposition in the will should not be revoked by his marriage to that person—
that disposition shall take effect notwithstanding the marriage; and
any other disposition in the will shall take effect also, unless it appears from the will that the testator intended the disposition to be revoked by the marriage.
(Replaced 56 of 1995 s. 4)
[cf. 1982 c. 53 s. 18 U.K.]
Where, after a testator has made a will, his marriage is validly dissolved, annulled or declared void—
the will shall take effect as if any appointment of the former spouse as an executor or as the executor and trustee of the will were omitted; and
any devise or bequest to the former spouse shall lapse,
except in so far as a contrary intention appears from the will.
Subsection (1)(b) is without prejudice to any right of the former spouse to apply for provision for maintenance under the Matrimonial Causes Ordinance (Cap. 179).
Where—
by the terms of a will an interest in remainder is subject to a life interest; and
the life interest lapses by virtue of subsection (1)(b),
the interest in remainder shall be treated as if it had not been subject to the life interest and, if it was contingent upon the termination of the life interest, as if it had not been so contingent.
(Replaced 56 of 1995 s. 4)
[cf. 1982 c. 53 s. 18A U.K.]
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 by the testator in a manner in which he could validly execute a will at the time such alteration was made. (Amended 56 of 1995 s. 5)
For the purpose of subsection (1), the words or effect of a will are apparent if they can be discovered by any means. (Added 56 of 1995 s. 5)
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—
in the margin or on some other part of the will opposite or near to such alteration; or
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.
[cf. 1837 c. 26 s. 21 U.K.]
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.
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.
[cf. 1837 c. 26 s. 22 U.K.]
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 13(1), 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.
(Amended 56 of 1995 s. 6)
[cf. 1837 c. 26 s. 23 U.K.]
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.
[cf. 1837 c. 26 s. 24 U.K.]
A general disposition of land shall be construed to include leasehold interests, unless a contrary intention appears from the will.
[cf. 1837 c. 26 s. 26 U.K.]
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.
[cf. 1837 c. 26 s. 27 U.K.]
In a disposition of property, the words die without issue (死後無嗣), or die without leaving issue (死後無遺下後嗣), or have no issue (無嗣), 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.
[cf. 1837 c. 26 s. 29 U.K.]
Where—
a will contains a devise or bequest to a child or remoter descendant of the testator; and
the intended beneficiary dies before the testator, leaving issue; and
issue of the intended beneficiary are living at the testator’s death,
then, unless a contrary intention appears from the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.
Where—
a will contains a devise or bequest to a class of persons consisting of children or remoter descendants of the testator; and
a member of the class dies before the testator, leaving issue; and
issue of that member are living at the testator’s death,
then, unless a contrary intention appears from the will, the devise or bequest shall take effect as if the class included the issue of its deceased member living at the testator’s death.
Issue shall take under this section through all degrees, according to their stock, in equal shares if more than one, any gift or share which their parent would have taken and so that no issue shall take whose parent is living at the testator’s death and so capable of taking.
For the purposes of this section a person conceived before the testator’s death and born living thereafter is to be taken to have been living at the testator’s death.
(Replaced 56 of 1995 s. 7)
[cf. 1982 c. 53 s. 19 U.K.]
If a court is satisfied that a will is so expressed that it fails to carry out the testator’s intentions, in consequence—
of a clerical error; or
of a failure to understand his instructions,
it may order that the will shall be rectified so as to carry out his intentions.
An application for an order under this section shall not, except with the permission of the court, be made after the end of the period of 6 months from the date on which representation with respect to the estate of the deceased is first taken out.
The provisions of this section shall not render the personal representatives of a deceased person liable for having distributed any part of the estate of the deceased, after the end of the period of 6 months from the date on which representation with respect to the estate of the deceased is first taken out, on the ground that they ought to have taken into account the possibility that the court might permit the making of an application for an order under this section after the end of that period; but this subsection shall not prejudice any power to recover, by reason of the making of an order under this section, any part of the estate so distributed.
In considering for the purposes of this section when representation with respect to the estate of a deceased person was first taken out, a grant limited to part only of the estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
(Added 56 of 1995 s. 8)
[cf. 1982 c. 53 s. 20 U.K.]
This section applies to a will—
in so far as any part of it is meaningless;
in so far as the language used in any part of it is ambiguous on the face of it;
in so far as evidence, other than evidence of the testator’s intention, shows that the language used in any part of it is ambiguous in the light of surrounding circumstances.
In so far as this section applies to a will extrinsic evidence, including evidence of the testator’s intention, may be admitted to assist in its interpretation.
(Added 56 of 1995 s. 8)
[cf. 1982 c. 53 s. 21 U.K.]
If a testator devises or bequeaths property to a donee in terms which in themselves would give an absolute interest to the donee, but by the same instrument purports to give any other person an interest in the same property, it shall, unless a contrary intention is shown, be presumed that the gift to the donee is absolute notwithstanding the purported gift to the other person.
(Added 56 of 1995 s. 8)
[cf. 1982 c. 53 s. 22 U.K.]
A will shall be treated as properly executed if its execution conformed to the internal law in force in the territory where it was executed, or in the territory where, at the time of its execution or of the testator’s death, he was domiciled or had his habitual residence, or in a state of which, at either of those times, he was a national.
[cf. 1963 c. 44 s. 1 U.K.]
Without prejudice to section 24, the following shall be treated as properly executed—
a will executed on board a vessel or aircraft of any description, if the execution of the will conformed to the internal law in force in the territory with which, having regard to its registration (if any) and other relevant circumstances the vessel or aircraft may be taken to have been most closely connected;
a will so far as it disposes of immovable property, if its execution conformed to the internal law in force in the territory where the property was situated;
a will so far as it revokes a will which under this Part would be treated as properly executed or revokes a provision which under this Part would be treated as comprised in a properly executed will, if the execution of the later will conformed to any law by reference to which the revoked will or provision would be so treated;
a will so far as it exercises a power of appointment, if the execution of the will conformed to the law governing the essential validity of the power.
A will so far as it exercises a power of appointment shall not be treated as improperly executed by reason only that its execution was not in accordance with any formal requirements contained in the instrument creating the power.
[cf. 1963 c. 44 s. 2 U.K.]
Where (whether in pursuance of this Part or not) a law in force outside Hong Kong falls to be applied in relation to a will, any requirement of that law whereby special formalities are to be observed by testators answering a particular description or witnesses to the execution of a will are to possess certain qualifications, shall be treated, notwithstanding any rule of that law to the contrary, as a formal requirement only.
[cf. 1963 c. 44 s. 3 U.K.]
The construction of a will shall not be altered by reason of any change in the testator’s domicile after the execution of the will.
[cf. 1963 c. 44 s. 4 U.K.]
Where under this Part the internal law in force in any territory or state is to be applied in the case of a will, but there are in force in that territory or state two or more systems of internal law relating to the formal validity of wills, the system to be applied shall be ascertained as follows—
if there is in force throughout the territory or state a rule indicating which of those systems can properly be applied in the case in question, that rule shall be followed; or
if there is no such rule, the system shall be that with which the testator was most closely connected at the relevant time, and for this purpose the relevant time is the time of the testator’s death where the matter is to be determined by reference to circumstances prevailing at his death, and the time of execution of the will in any other case.
[cf. 1963 c. 44 s. 6(2) U.K.]
In determining for the purposes of this Part whether or not the execution of a will conformed to a particular law, regard shall be had to the formal requirements of that law at the time of execution, but this shall not prevent account being taken of an alteration of law affecting wills executed at that time if the alteration enables the will to be treated as properly executed.
[cf. 1963 c. 44 s. 6(3) U.K.]
This Ordinance shall not apply to a will of a testator who died before the commencement* of this Ordinance and shall apply to a will of a testator who dies after its commencement whether the will was executed before or after its commencement, but so that a will which was executed before its commencement and which, but for the provisions of this Ordinance, would be valid shall not thereby be invalidated.
The validity of a will which was valid under section 3 of the repealed Wills Ordinance (Cap. 30, 1964 Ed.) shall not be affected by any thing in Part III, except insofar as the will may be revoked or altered by any subsequent will valid under this Ordinance.
Without prejudice to the general application of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1)—
the repealed Wills Ordinance (Cap. 30, 1964 Ed.);
the repealed Wills (Formal Validity) Ordinance (Cap. 350, 1964 Ed.); and
the deleted item 66 of the Schedule to the non-adopted Application of English Law Ordinance (Cap. 88), (Amended 67 of 1999 s. 3)
shall continue to apply to the will of any person dying before the commencement* of this Ordinance, as if this Ordinance had not been passed. (Amended E.R. 2 of 2019)
The amendments to this Ordinance effected by the Wills (Amendment) Ordinance 1995 (56 of 1995) shall not apply to a will of a testator who died before the commencement** of that Ordinance but, subject to subsection (5), shall apply to a will of a testator who dies after that commencement whether the will was made before or after that commencement, but so that a will that was made before that commencement and that, but for the provisions of that Ordinance, would be valid shall not thereby be invalidated. (Added 56 of 1995 s. 9)
The effect of the marriage of a testator on a will made by him before the commencement** of the Wills (Amendment) Ordinance 1995 (56 of 1995) shall be determined as if that Ordinance had not been enacted. (Added 56 of 1995 s. 9)