I, [name of testator] ([Chinese name]) (Holder of
Hong Kong Identity Card No. [HKID No] ) of [Address], [martial status /
occupation], hereby revoke all former wills codicils and testamentary
dispositions made by me and declare this to be my last Will and Testament.
1. I APPOINT [the
relationship of beneficiary e.g. my husband] [name] [Chinese name] (Holder of
Hong Kong Identity Card No. [HKID No.] ) of [address] be the sole Executor and
Trustee of this my Will (hereinafter called "my Trustee" which
expression shall include the trustee or trustees for the time being hereof
whether original or substituted).
2. I GIVE all my share
and interest of and in the landed property situate lying and being at [the
description of immovable property e.g. address] to [the relationship of
beneficiary e.g. my son] [name] [Chinese name] for his/her own use and benefit
absolutely.
3. I GIVE my [movable
property e.g.jewellery / necklace etc.] [for identification purpose, the place
of the property e.g. in my safe deposit box with XXX Bank Limited at [address]
] to [the relationship of beneficiary e.g. my son] [name] [Chinese name] for
his/her own use and benefit absolutely.
4. I GIVE the sum of
HK$[amount] to my [the relationship of beneficiary] [name] [Chinese name] (if
more than one, their relationship and names etc.) in equal shares for their own
use absolutely free of any duty payable on or by reason of my death. *
5. I GIVE DEVISE AND
BEQUEATH all my estate real and personal of whatsoever nature and wheresoever
situate (excluding my property heretobefore disposed of) subject to and charged
with the payment thereout of my funeral and testamentary expenses just debts
taxes and estate duty to my Trustee UPON TRUST to sell call in and convert the
same into money with power to postpone such sale calling in and conversion for
so long as he shall in his absolute discretion think fit without being liable
for loss and after payment thereout of my debts funeral and testamentary
expenses TO HOLD the residue ("my Residuary Estate") on trust to
divide such residue into [the number of shares] equal shares to be distributed
in the following manner:-
(a) as
to one of such shares for [the relationship of beneficiary] [name] [Chinese
name] for his/her own use and benefit absolutely;
(b) as
to one of such shares for [the relationship of beneficiary] [name] [Chinese
name] for his/her own use and benefit absolutely;
(c) etc
PROVIDED
THAT if any of the above beneficiary or beneficiaries shall die before me then
his or her ortheir share or
shares shall be divided and paid to the other surviving beneficiaries in equal
shares.
6. I declare that Hong
Kong is the place of my domicile and that the law in force in Hong Kong at the
time of my death shall be the law of this my Will.
IN
WITNESS whereof I the said [name of testator] have hereunto set my hand
this day
of two thousand.
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SIGNED by the abovenamed [name of testator] as her/his last Will in
the presence of us both present at the same time who at her/his request in her/his
presence and in the presence of each other have hereunto subscribed our names
as witnesses:- |
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WITNESS: [names of two witnesses]
INTERPRETER BY: [name of interpreter]
* Note: whether the details of property, e.g. the
location and description, is specified in the Will shall have different legal
effect, the testator should consider how to specify the property in accordance
with his/her intention. You may contact your lawyer for legal advice for the
legal effect.
** Note: in order to avoid the suspicion of
undue influence by the Beneficary to the testator affecting the validity of the
Will, the Beneficiary should be signed the Will as witness.
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