Areas of Practice

Wills and Probate

Wills and Probate

Payne Clermont Velasco solicitors are experienced in advising and representing clients in relation to their estate planning and probate matters in Hong Kong.

Estate Planning

Our firm has assisted its clients in planning their estates by preparing a Will, a Deed of Temporary Guardianship, and an Enduring Powers of Attorney. A Will is a legal document which sets out your wishes regarding the distribution of your property and care of any minor children. We have advised on, and drafted, Wills for our clients, which cater to their individual needs. When our clients have minor children, we advise them to also execute a Deed of Temporary Guardianship, in order to prevent the minor children not having a legal guardian during the time between the date of the death of both parents and the date of obtaining a Grant of Probate.

In addition to advising on estate planning upon death, our firm also assists clients to execute an Enduring Power of Attorney. An Enduring Power of Attorney is a legal document that sets outs the wishes of a person regarding his/her financial matters, in the event that he/she becomes mentally incapacitated, by appointing an attorney to administer and manage his/her financial matters.

Probate Matters

We are sympathetic to our clients’ loss of a loved one and we understand that this is a difficult time for our clients. Our team has considerable experience assisting clients with all aspects of probate in Hong Kong. Our firm has acted for clients located in Hong Kong and overseas in their applications for a Grant of Probate, Letters of Administration and resealing of a foreign Grant of Probate in Hong Kong.

An application to the Probate Registry of the High Court of Hong Kong for a Grant of Probate must be made by the executor appointed under the Will, when a deceased died leaving a Will, in order to administer and distribute the estate pursuant to the wishes of the deceased under the Will. An application to the Probate Registry of the High Court of Hong Kong for Letters of Administration must be made by the next of kin of the deceased, in order to become the administrator of the estate of the deceased, pursuant to the Intestates’ Estates Ordinance, if a deceased died without a Will.

In cases where a Grant of Probate has already been obtained in a foreign jurisdiction, our firm can assist the executor or administrator to reseal the foreign Grant of Probate or obtain a fresh Grant of Probate in Hong Kong, to enable them to administer and distribute the estate of the deceased in Hong Kong.

For any enquiries about wills and probate, please contact Ms. Jaerey Velasco