Cross-border Wills: E&W vs Hong Kong

Trusts Discussion
1

Dear fellows,

Question on whether an English Will can effectively govern succession to English movable assets where the client dies domiciled in Hong Kong.

Assumptions:

  1. The client dies domiciled in Hong Kong.
  2. Under Hong Kong laws, there is full testamentary freedom.
  3. The Hong Kong Will specified that it does not deal with any of the English assets.
  4. The English Will always deals with assets in England only.
  5. The English Will provides that all the client’s movable assets situated in England pass to her daughter.
  6. The Hong Kong Will provides that all the client’s movable assets situated in England shall follow her last English Will, whether made before or after the Hong Kong Will.

I appreciate that, under English private international law, succession to the English movables should in principle be governed by Hong Kong law as the law of domicile.

Given full testamentary freedom under Hong Kong law, would the practical effect of this arrangement be that the English movables pass in accordance with the English Will?

Many thanks in advance.

Kind regards,

Billy Li

2

I would normally take local advice in HK to double-check but I believe you are right in your logic.

1 Like
3

Many thanks. I will urge my clients to connect me with their HK lawyers.