How to efficiently and compliantly complete estate administration?What legal procedures must be followed for inheriting estates in Hong Kong?What unique challenges do mainland residents face when handling Hong Kong estate administration?
On August 12, 2025, we were honored to invite Ms. Feng Airong, Founder of Fenghuangwu Lin Limited Liability Partnership Law Firm—a partner of Guangdong Chenggong Law Firm—and Ms. Sun Xinyuan, a registered foreign lawyer at Fenghuangwu Lin and Associate at Beijing Guofeng (Shenzhen) Law Firm, to co-host a Cross-border Inheritance Practical Salon. The event featured in-depth discussions on key aspects of Hong Kong estate administration and inheritance-related notarization, offering professional insights from a practical perspective.
Feng Airong, a lawyer from Fenghuangwu Lin Limited Liability Partnership Law Firm, began by highlighting that Hong Kong's estate inheritance is primarily governed by the following five ordinances:
· Wills and Administration of Estates Ordinance (core legislation consolidating and revising laws related to probate, letters of administration, and estate distribution)
· Intestates' Estates Ordinance (specifically addresses the distribution of estates in cases where there is no will)
· Uncontested Probate Rules (outlines procedures for handling testamentary inheritance without disputes)
· Rules of the High Court (Command 76 governs contentious probate proceedings, while Command 85 covers estate administration litigation and related procedures)
· Inheritance (Provision for Family and Dependants) Ordinance (grants courts the authority to ensure specific dependents and family members receive financial provision from the estate)
Additionally, a series of case law principles established through judicial precedents serve as reference points in handling estate inheritance matters.
Subsequently, building on the aforementioned ordinances, Lawyer Feng elaborated on the rightful parties eligible to apply for Hong Kong estate administration, as well as how to initiate such applications in two distinct scenarios: when there is a valid will and when there is no will.
Addressing common challenges faced by mainland residents, Attorney Feng highlighted key analytical points:
1.Multiple Wills Conflicts: Hong Kong courts do not accept foreign will certifications that only address overseas assets. It is recommended to consolidate global assets through a single will.
2.Domicile Determination Challenges: Establishing the applicable domicile requires a five-category evidence chain, including residence proof and asset distribution records.
3.Guarantor Restrictions: Non-Hong Kong residents must provide a guarantor in Hong Kong, but this requirement may be waived if they appoint a Hong Kong lawyer as a co-applicant.
Sun Xinyuan, a lawyer, elaborated on the background of China-appointed Notaries (Hong Kong) and the evolution of Hong Kong inheritance notarization documents. Highlighting the major reform in 2023—where Hong Kong unified the use of the Declaration of Kinship and Testamentary Status(abbreviated as "Kinship Testament Declaration") for inheritance matters—she provided a detailed analysis of the requirements, challenges, and supporting notarized documents needed for processing this declaration.
For mainland inheritance procedures, Attorney Sun recommends:
1.Routine Cases: Prioritize notarized inheritance, requiring preparation of seven categories of documents (including death certificates, marriage certificates, kinship proofs, etc.).
2.Complex Disputes: When resolving conflicts through litigation, the Kinship Testament Declaration(a unified Hong Kong inheritance notarization document) can serve as the foundation of the core evidence chain.
3.Special Circumstances: Supplementary notarizations such as Gift Deedsor Power of Attorneymay be processed concurrently to enhance efficiency.
During this salon, the two lawyers further conducted an in-depth analysis of key points in document preparation, procedural coordination, and risk prevention for cross-border inheritance, using recent hot topics—including the "Wahaha" inheritance case—and multiple real case samples as illustrations.
Zheng Tao, Managing Partner of Chenggong Fong Wong Ng Lin (Qianhai) Joint Practice Law Firm and a guest attendee, also shared his perspectives on the salon’s theme and cases from the viewpoint of a Mainland lawyer, drawing on his own case-handling experience. He noted that Hong Kong’s legal framework, which combines non-litigious and litigious procedures for "estate administration," is worthy of reference by the Mainland.
The attending audience actively participated in the interactive session, and we believe all guests must have gained valuable takeaways from the event.
Chenggong Salon will continue to focus on cutting-edge legal practices, assisting legal professionals in gaining deeper insights into the essence of complex cases and enhancing case handling efficiency. Stay tuned for upcoming events!
Attorney Profile
