How to make a will (ping on tsz) in Hong Kong: requirements, DIY vs solicitor

Is 'ping on tsz' a will? Why make one?

Yes. 'Ping on tsz' is the everyday name for a will — the same legal document you use to set out how your property is distributed after death and who administers it. The point of making a will is that you, not the law, decide where your assets go: without a valid will, the estate is distributed under the Intestates' Estates Ordinance in a statutory order that may not match your wishes. A will, an enduring power of attorney and an advance medical directive together form the 'three treasures' — see the overview of the three before arranging each.

• You decide: a will lets you specify distribution, appoint an executor, and arrange guardianship for minor children.
• Without a will: the estate is distributed by the statutory order, and family may face a longer, more involved grant process.
• Fits your wider plan: a will is central to wealth succession and should be considered alongside insurance and asset arrangements.

This is general education, not legal advice; wills involve law and vary by case — consult a solicitor.

What are the requirements for a valid will?

Under the Wills Ordinance (Cap. 30), s.5, a valid will must generally meet the formal requirements below. Note that even if these formalities are not fully met, the court may still hold a document valid if satisfied it truly reflects the testator's intention (so-called 'substantial compliance') — but this is an exception, not the norm, and should not be relied on.

The above summarises the general requirements of the Wills Ordinance (Cap. 30), s.5; this is not legal advice, and actual requirements follow the latest version of the ordinance and a solicitor's advice.

Can a witness be a beneficiary?

Not advisable. A witness (and their spouse) should not be a beneficiary of the will: if a witness or their spouse is a beneficiary, the gift to that witness (or spouse) may be void, though the will itself generally remains valid. In other words, choosing the wrong witness could cause the very gift you intended for them to fail. So choose witnesses who are adults with no interest in the distribution.

• Neither the witness nor their spouse should be a beneficiary, or the relevant gift may be void.
• Only the 'gift to that witness' is affected; the rest of the will and its distribution generally remain valid.
• Choose two adults of sound mind who have no interest in the will as witnesses.

Arrangements between beneficiaries and witnesses carry legal consequences; this is not legal advice — consult a solicitor.

DIY or use a solicitor? Comparing cost and risk

Both are possible; it depends on how complex your assets are and the risk of error. DIY (self-drafted or template) is low-cost, but a mistake in the formalities or wording can make clauses void, ambiguous or disputed — often surfacing only at the grant stage, when it is costlier to fix. A solicitor charges more but can advise on distribution, executors, and cross-border or complex assets, reducing later disputes. The table below is a general comparison; actual fees and practice vary by firm and case.

The table is a general educational comparison, not a fee guide or legal advice; those with larger, cross-border or complex family situations should especially consult a solicitor.

What are the common mistakes when making a will?

The most common problems are usually not 'wrong distribution' but errors of form or detail that make a will partly or wholly ineffective, ambiguous or hard to execute. Avoid these in particular.

• Insufficient or improper witnessing: not having two witnesses present together, or witnesses not signing in the testator's presence.
• Witness is a beneficiary: a witness or their spouse is a beneficiary, so the gift to that witness may be void.
• Vague or incomplete distribution: unclear asset descriptions or a missing residue clause invite disputes — see various estate-planning case studies.
• Ignoring cross-border assets and tax: overseas or mainland assets are regulated separately; Hong Kong has abolished estate duty, but cross-border assets may still be taxed locally.
• Inconsistency with policy beneficiaries: a life policy's named beneficiary conflicting with the will can cause confusion.

These are illustrative common situations, not legal advice; if unsure whether your will is valid or clear, consult a solicitor.

After making a will, how do you store and update it?

A will is not 'set and forget'. You need to keep the original safely and review and update it when major life or asset changes occur. The four steps below are a starting point.

1. Step 1: store the original safelyKeep the original in a safe place your executor can later access, and let a trusted person know where it is; avoid leaving it somewhere no one knows about.
2. Step 2: tell your executorLet the executor you appointed know their role and where the will is kept, to ease the later grant process.
3. Step 3: review regularly and on major changesMarriage, divorce, a new child, major asset changes or the death of a beneficiary may all require an update; review every few years.
4. Step 4: update formallyUpdate via a new will or a formal codicil that also meets the witnessing formalities; never alter the original by hand. Those with more complex assets can also consider a family trust, or see how we help join things up.

Updating a will is subject to the same formalities; this is not legal advice, and effects such as a change in marital status should be checked with a solicitor.