Your assets will be distributed under Hong Kong’s Intestates’ Estates Ordinance (Cap. 73). Family members must apply for a death certificate and then seek probate from the High Court. According to Section 21 of the Non-Contentious Probate Rules (Cap. 10A), if a person dies intestate, those with beneficial interests in the estate—such as a surviving spouse, children, or parents—are entitled to obtain administration.

In contrast, if assets are managed by a licensed trust, upon the settlor’s death, the trustee will distribute the assets according to the settlor’s wishes. Beneficiaries do not need to go through costly and lengthy statutory procedures, nor is there a need to appoint an executor. To avoid future disputes, it is advisable to make arrangements with clear intentions in advance.

A trust helps bypass these cumbersome steps, ensuring smoother estate distribution, reducing conflicts, and truly reflecting your wishes.