A Deed Upon Death is a fundamental estate planning tool in Hong Kong, essential for ensuring orderly asset distribution and family provision after death. This document becomes particularly crucial given Hong Kong's status as a major financial center, where individuals often hold complex asset portfolios including local and international investments. The document must comply with the Hong Kong Wills Ordinance (Cap. 30) and related legislation, requiring careful drafting to ensure validity and enforceability. It should be updated periodically to reflect significant life changes such as marriage, divorce, or acquisition of major assets. Without a valid Deed Upon Death, the deceased's assets would be distributed according to Hong Kong's intestacy rules, which may not align with their wishes.
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1. Identification and Declaration: Opens with testator's full name, HKID/passport number, address, and a clear statement that this is their last will and testament, revoking all previous wills
2. Appointment of Executors: Names the executor(s) and substitute executor(s) who will administer the estate, including their full names and addresses
3. Funeral and Burial Instructions: Specific instructions regarding funeral arrangements, burial or cremation preferences
4. Distribution of Estate: Main section detailing how assets should be distributed, including specific bequests and the residuary estate
5. Powers of Executors: Outlines the powers granted to executors in administering the estate
6. Guardian Appointment: Appointment of guardians for minor children (if applicable)
7. Attestation Clause: Formal statement confirming the will was signed by the testator in the presence of witnesses
8. Execution: Signature block for testator and witnesses, including date and proper attestation format
1. Trust Provisions: Required when creating trusts for minors or other beneficiaries, detailing trust terms and trustee powers
2. Foreign Assets Clause: Needed when testator owns assets in other jurisdictions, addressing how these should be handled
3. Survivorship Clause: Specifies required survival period for beneficiaries to inherit and alternative distributions if beneficiaries predecease
4. No-Contest Clause: Optional provision that may reduce or eliminate inheritance of beneficiaries who challenge the will
5. Digital Assets Clause: Instructions for handling digital assets, cryptocurrencies, and online accounts
6. Charitable Gifts: Specific section for charitable bequests, including registered charity numbers and gift conditions
1. Schedule A: Personal Property: Detailed inventory of specific personal items and their intended beneficiaries
2. Schedule B: Real Estate Holdings: List of real property with legal descriptions and specified distributions
3. Schedule C: Financial Assets: List of bank accounts, investments, insurance policies, and other financial assets
4. Schedule D: Business Interests: Details of business ownership interests and succession instructions
5. Schedule E: Digital Assets Inventory: List of digital assets, access information, and handling instructions
6. Appendix 1: Family Tree: Visual representation of family relationships to avoid ambiguity in references to family members
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