Hong Kong Will Requirements: A Comparison of Germany and Hong Kong
- Janine Sauerborn
- Dec 21, 2022
- 5 min read
Updated: Mar 20
Author: Stefan Schmierer, Managing Partner | Co-author: Janine Sauerborn
Estate Planning Across Multiple Jurisdictions
If you have assets in multiple jurisdictions, sooner or later the question arises on how to manage your estate so that your interests are protected after death. The most straightforward answer is making a will. The design of a will, however, depends on the jurisdiction in which the will is to take effect and your choice of law.
There are differences between a one-sided German and Hong Kong will. This illustrates the importance of accurate and careful planning and drafting regarding the requirements for a valid will.
German Will Requirements
German wills must be handwritten and signed or recorded by a notary public
For a German will, the following requirements must be met:
the testator must make the will with testamentary intent and do it in person.
the testator must be capable of making a will at the time it is made.
the will must be formally valid, either handwritten and signed or recorded by a notary public (with the exception of emergency wills).
the will must not be invalidated due to previous testamentary dispositions restricting the testator's testamentary capacity.
Hong Kong Will Requirements
Only Hong Kong wills require two witnesses, German wills do not
On the other hand, in Hong Kong:
the will must be in writing and signed by the testator or by someone at the testator's direction and in the testator's presence.
the will must be an honest and true reflection of the testator's wishes.
the testator must sign the will in the presence of at least two witnesses, both of whom must also sign in the presence of the executor of the will.
Execution Differences Between Germany and Hong Kong
Hong Kong allows signatures by an authorised representative, Germany does not
A closer comparison of the requirements of the two legal systems for a will reveals differences especially regarding the form of the will.
In both legal systems, it is important that the last will is signed by the testator. While in Germany the signature can only be made by the testator personally, in Hong Kong it is possible to authorise a representative.
Revocation of Wills in Germany and Hong Kong
Wills are revoked by a newer will that contradicts the old one
In Hong Kong, it is also a requirement that the will is signed in front of two witnesses. However, these witnesses must not be beneficiaries of the will and must be of legal age. In Germany, witnesses are not necessary at all. This means that until the death of the testator, there can also be uncertainty as to whether there is an intestate succession or whether the succession is according to the legal requirements since no one has to know about the will.
There is one common feature regarding the revocation of a will in both Germany and Hong Kong. A will is revoked by a newer will that contradicts the old one. This can be done by revocation, by deleting or destroying individual passages or the entire will.
Effect of Marriage and Divorce on Wills
A divorce in Germany invalidates a will that includes the divorced spouse
However, the influence of marriage on a will is handled differently. In Hong Kong, both the marriage and dissolution of a marriage have an influence on a will. In contrast, in Germany, the conclusion of a marriage has no effect on the will, but a divorce of a marriage does. If a marriage is divorced in Germany, a will becomes invalid if it includes the divorced spouse, unless it was otherwise intended by the testator.
Joint Wills and Contracts of Inheritance
Draw up two separate wills in Hong Kong; Germany has the "Berliner Testament"
It is common for husband and wife in Germany to draw up a common will, i.e. “Berliner Testament”, which can have several advantages. However, such common wills are usually not used in Hong Kong since the advantages of the German law for such wills cannot be found in Hong Kong. Thus, in Hong Kong it is usually recommended to draw up two separate wills for a couple.
Germany offers joint wills and contracts of inheritance
As a result, there are many regulations that are similar in some ways but can differ significantly in the details. Precisely these details, however, can decisively determine the validity or invalidity of a will. In addition to all the above, Germany offers the possibility of a joint will or contract of inheritance. These instruments, however, are subject to special requirements. And they give the testator other options, just like a corresponding will in Hong Kong.
The above examples show that it is advisable to deal with the requirements in a will in detail to ensure that your will and testament actually remain the last will and testament.
How Ravenscroft & Schmierer Can Help?
Navigating Hong Kong will requirements and cross‑border estate planning between Hong Kong and Germany requires careful legal coordination. Ravenscroft & Schmierer advises individuals and families on wills, succession planning, choice of law and asset protection across jurisdictions.
If you hold assets in Hong Kong, Germany or both, our team can help ensure your will is valid, effective and aligned with your intentions. Contact us now if you need help.
FAQ: Hong Kong Will Requirements
What are the key Hong Kong will requirements?
A Hong Kong will must be in writing, signed by the testator and witnessed by at least two witnesses who are not beneficiaries. These formalities are essential to ensure validity.
How do Hong Kong will requirements differ from German wills?
German wills can be handwritten and signed without witnesses, while Hong Kong wills require two witnesses and are typically typed. Germany also allows joint wills, which are uncommon in Hong Kong.
Do I need separate wills for Hong Kong and Germany?
In many cases, yes. Assets located in different jurisdictions may be subject to different succession rules, and separate wills can help avoid conflicts or invalidity.
Can someone sign a will on my behalf in Hong Kong?
Yes. Hong Kong law allows a will to be signed by an authorised representative at the direction and in the presence of the testator. German law does not allow this.
Does marriage or divorce affect a will in Hong Kong?
Marriage and divorce can affect the validity of a Hong Kong will. This contrasts with Germany, where divorce invalidates provisions in favour of the former spouse unless otherwise intended.
What is a Berliner Testament and why is it not used in Hong Kong?
A Berliner Testament is a joint will commonly used by spouses in Germany. Hong Kong law does not provide similar advantages, so couples are usually advised to make separate wills.
What happens if my will does not comply with Hong Kong will requirements?
A non‑compliant will may be declared invalid, resulting in intestate succession or unintended distribution of assets.
Why is careful drafting important for cross‑border wills?
Small differences in formalities or legal assumptions can invalidate a will or create conflicts between jurisdictions, particularly where German and Hong Kong laws apply.
How can Ravenscroft & Schmierer assist with Hong Kong wills and probate?
Ravenscroft & Schmierer advises on Hong Kong will requirements, estate planning and probate, including drafting compliant wills and coordinating cross‑border succession strategies.
Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
For specific advice about your situation, please contact:
Managing Partner
+852 2388 3899
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