1. I APPOINT [the relationship of beneficiary e.g. my husband] [name] [Chinese name] of [address] be the sole Executor and Trustee of this my Will .
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] in equal shares for their own use absolutely free of any duty payable5 on or by reason of my death. *
5. I GIVE DEVISE AND BEQUEATH all my estate real and personal of whatsoever6 nature and wheresoever situate 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 postpone7 such sale calling in and conversion8 for so long as he shall in his absolute discretion9 think fit without being liable for loss and after payment thereout of my debts funeral and testamentary expenses TO HOLD the residue10 on trust to pide such residue into [the number of shares] equal shares to be distributed in the following manner:-
as to one of such shares for [the relationship of beneficiary] [name] [Chinese name] for his/her own use and benefit absolutely;
as to one of such shares for [the relationship of beneficiary] [name] [Chinese name] for his/her own use and benefit absolutely;
etc
PROVIDED THAT if any of the above beneficiary or beneficiaries shall die before me then his or her or their share or shares shall be pided 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.
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 subscribed11 our names as witnesses: ) ) ) ) ) )
WITNESS:[names of two witnesses]
INT进销存RETER BY: [name of interpreter]
* Note: whether the details of property, e.g. the location and description, is specified12 in the Will shall have different legal effect, the testator should consider how to specify13 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 undue14 influence by the Beneficary to the testator affecting the validity of the Will, the Beneficiary should not be signed the Will as witness.
遗 嘱
立遗嘱人 [中姓文的名] [婚姻情况/职业] ),兹郑重声明,将本人所有以前订立之遗嘱、遗嘱修订附件及遗嘱性质的产权处置,尽行作废,并立此嘱书为本人最后之遗嘱。
本人指定及委派本人之 [与阁下的关系,如老公] [中姓文的名] ) 住 [居住地址] 为本人此遗嘱之唯一的遗嘱实行人及受托人。
本人将本人名下坐落于 [不可动财产,如物业,请列明详细地址] 之物业遗赠本人之 [受益人与阁下的关系,如儿女] [受益人中姓文的名] 承受及享用。
本人将本人名下的 [可动财产:如珠宝手饰,,为了解辨别,请列明财产,如财产所在地] 遗赠本人之 [受益人与阁下的关系,如儿子] [受益人中姓文的名] 承受及享用。
本人将本人名下的 [现金财产,如港币] 遗赠本人之 [受益人与阁下的关系,如孙儿] [受益人中姓文的名 ,如受益每人数超越一人,请列明各人关系及名字] 平均承受及享用,并免除此遗赠之任何遗产税项责任。*
除上述2、三及四段的产业外,本人将本人名下在各处所有之不动产及动产产业,除清付本人丧葬费及其它成本外,全部尽行遗赠本人之 [受益人与阁下的关系,如老公、女儿] [受益人中姓文的名]) [如受益每人数超越一人,请列明各人关系及名字] 平均承受及享用。
本人以香港为本人之永久居留地,本遗嘱乃依据香港法律处置,此嘱。
立遗嘱人亲签
[日期: 年 月 日]
上开遗嘱,经余等人在场见证,由该立遗嘱人 [立遗嘱人名字] 亲自签署,作为其最后遗嘱;同时余等人应其所请,为之见证,于签署名字作见证人时,该立遗嘱人与余等两人均同时在场,此证。
第一见证人**名字:
香港身份证号码:
签署:
第二见证人**
名字:
香港身份证号码:
签署:
* 注意: 因遗嘱内是不是列明有关遗赠现金的所有地或详细事情将可引致不同法律成效,立遗嘱人须考虑是不是因应其意愿而加以列明,有关法律成效可向阁下的律师查看。
** 注意: 遗嘱的受益人不应同时作为遗嘱的见证人,以防止因嫌疑影响立遗嘱人的意愿以致令遗嘱的有效性遭到质疑。