Will and Testament

The world is full of unpredictable changes. Birth, sickness, and death are often happen in our lives, yet no one can decide when these events occur. You may think that you did not have much property and there would not be any family disputes over the estate, so it is not necessary to make a will. Most cases related to the inheritance do not face problems in distributing a fortune. But there are loopholes and complications when people fail to prove their relationship with the deceased that would lead to a failure in obtaining the estate. The most common case is losing a marriage certificate or birth certificate. Also, some elderly were born in or got married in mainland China. They can't own these required certificates to prove their relationship. There are even situations where the deceased's spouse of  does not have the death certificate, leading to ultimate failure in proving that their partner has passed. In the end, family members of the deceased will continue to struggle to obtain the estate. Even if they hire lawyers to deal with this, the time cost and legal charges would be very high, and even the estate may not be enough to cover the total price.  Thus, for the sake of your family and yourself, to ensure the distribution of inheritance is according to your wishes and to minimize the future complications in obtaining your estate, it is best to write a will as early as possible.

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The advantages of making a will

1. Avoid inheritance problems caused by incomplete proof of relationship

2. arrange your assets will be shared amongst relatives other than according to the law of intestate;

3. leave assets to beneficiaries who are not related to him/her, e.g. friends and charities;

4. appoint executor(s) to manage and distribute the assets.

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Enduring Power of Attorney (EPA)

Dementia, coma due to stroke or accident, or becoming delirious due to serious illness is common nowadays. A general power of attorney will expire when the donor becomes insane or after a certain period, while an EPA is lasting and effective. EPA's main function is to pre-authorize a trustworthy person to handle assets on your behalf once you lose mental capacity. It avoids the crisis of being unable to take care of your assets due to physical condition, making life difficult for yourself and your family.
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The Enduring Power of Attorney Ordinance requires the donor to sign the Enduring Power of Attorney in the presence of a registered medical doctor and a solicitor. Our law firm can handle the entire process of the EPA for clients, including drafting the EPA, witnessing the signature, and filing it in the High Court. Our law firm can also provide one-stop services to arrange the doctor witness.