# Hong Kong Legacy Planning Tools Compared

> Seven Hong Kong legacy planning tools side by side: wills, intestacy, insurance beneficiary nominations, joint tenancy, lifetime trusts, enduring powers of attorney and advance medical directives, by scope, formalities, timing, whether probate is needed, changeability and risks.

- URL: https://legacyplanning.hk/en/compare/
- Author: Hong Kong Succession Law Desk (https://legacyplanning.hk/about/)
- Reviewed by: Hong Kong Succession Law Desk Editorial Board
- Published: 2026-11-04
- Updated: 2026-11-04
- Language: en

## Key takeaways

- Wills and intestacy govern distribution of the estate after death; beneficiary nominations, joint tenancy and trusts move particular assets outside probate; enduring powers of attorney and advance medical directives govern decisions after loss of capacity.
- The strictest formalities belong to the enduring power of attorney (prescribed form, doctor and solicitor witnesses, registration on incapacity) and the will (writing, two witnesses present together); nominations and joint tenancy are simplest but narrowest.
- Whether probate is needed is the dividing line: assets passing under a will, tenancy in common shares, MPF and policies without a nomination need a grant; nominated policies, joint tenancy and lifetime trusts do not.
- Tools conflict: a will cannot override a nomination or survivorship; adding a joint holder gives away an interest today; trust assets are outside the will. Reconcile them on one asset schedule.

## What is being compared

The table compares legal attributes — scope, formalities, when the tool takes effect, whether a grant is needed, whether it can be changed, and the main risks — not which tool is "better". Most families use several together; the point is to know where each stops and which two conflict.

## The seven tools

| Attribute | Will | Intestacy (default) | Policy beneficiary nomination | Joint tenancy / joint account | Lifetime trust (incl. insurance trust) | Enduring power of attorney | Advance medical directive |
|---|---|---|---|---|---|---|---|
| Scope | All assets in the estate at death; executors; guardians | Same, by statutory order | Death benefit of one policy | That jointly held asset | Assets transferred into the trust | Property and financial affairs after incapacity | Refusal of specified life-sustaining treatment when incapable and a precondition is met |
| Law | Cap. 30 | Cap. 73 | Policy contract; Cap. 182 s.13 | Common law; deed or account terms | Trust law; trust deed | Cap. 501, Cap. 501A | Advance Decision on Life-sustaining Treatment Ordinance (from 31 Jul 2026) |
| Formalities | Writing, signature, two witnesses present together | None | Insurer's nomination form | Deed or account mandate stating the manner of holding | Trust deed; transfer of assets | Prescribed form; doctor and solicitor witnesses (within 28 days) | Writing; two witnesses, one a registered medical practitioner, neither an interested person |
| Takes effect | Death | Death | Death of the life insured | Death of one holder | On creation | On signing or on incapacity (as chosen); registration on incapacity | Incapacity plus the chosen precondition |
| Grant needed | Yes | Yes | No | No | No | Not applicable | Not applicable |
| Changeable | Revocable and amendable; revoked by marriage | Not applicable | Revocable nominations changed at will; irrevocable ones need the beneficiary's consent | Joint tenancy can be severed unilaterally | Depends on the deed | Revocable while capable; court confirmation after registration | Revocable at any time while capable |
| Main risks | Formal defects; assets outside the will; Cap. 481 claims | Outcome differs from wishes; spouse needs a co-applicant; cohabitants excluded | Will and nomination conflict; policy becomes estate if the owner dies first | Beneficial ownership disputes; will ineffective; joint holder's creditors | Set-up and annual fees; cross-border recognition; trustee choice | Attorney misconduct; limited powers before registration; no medical scope | Clinicians unaware; precondition not met |
| Document cost | Legal fees | None, but highest probate and dispute cost | Usually free | Deed costs (property); account free | Set-up and annual fees | Legal, medical and HK$440 registration fees | Doctor's consultation; forms free |

## Combinations for four common needs

| Need | Tools used together | Conflicts to avoid |
|---|---|---|
| Couple's home, survivor to use it immediately | Joint tenancy + will for other assets + each spouse's EPA | Do not dispose of the home in the will; blended families consider tenancy in common plus a will |
| Minor children | Will (guardian, trustee or will trust) + policy nominated to a trustee or spouse + insurance trust | Do not name minors as direct beneficiaries without a payment arrangement |
| Mainland property plus Hong Kong assets | Hong Kong will + Mainland will (or one coordinated will) + policy nominations | Revocation clauses that cancel each other; Mainland property left in a Hong Kong will without Mainland notarisation |
| Ageing parents, risk of incapacity | EPA + advance medical directive + will | Signing after diagnosis when a doctor cannot certify capacity; children acting as directive witnesses |

Reconcile every tool on one asset schedule: asset, location, manner of holding, nomination, trust, will, and who can act on incapacity. This page is a general digest, not legal advice; suitability must be assessed by a Hong Kong solicitor.

## Sources and dates

- Wills Ordinance (Cap. 30) — Hong Kong e-Legislation current https://www.elegislation.gov.hk/hk/cap30
- Intestates' Estates Ordinance (Cap. 73) — Hong Kong e-Legislation current https://www.elegislation.gov.hk/hk/cap73
- Enduring Powers of Attorney Ordinance (Cap. 501) — Hong Kong e-Legislation current https://www.elegislation.gov.hk/hk/cap501
- Married Persons Status Ordinance (Cap. 182) s.13 — Hong Kong e-Legislation current https://www.elegislation.gov.hk/hk/cap182
- Advance Decision on Life-sustaining Treatment Ordinance — thematic webpage — Health Bureau 2026-07 https://www.healthbureau.gov.hk/en/press_and_publications/otherinfo/241100_adlto/index.html

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This site is run by Hong Kong Succession Law Desk, an independent insurance information site providing general education and comparison. It is not an insurer, licensed insurance intermediary or bank, sells no insurance product and accepts no application. Content has not been reviewed, approved or endorsed by the Insurance Authority (IA). For applications, quotations and policy servicing, consult a Hong Kong insurer or licensed insurance intermediary.