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What happens when you die without a will

The law decides who gets your estate. It may not be what you want.

When someone dies without a valid will, they die “intestate.” The Intestates’ Estates Ordinance (Cap. 73) sets out a fixed formula for who inherits. You have no say. The court appoints an administrator to distribute your estate according to the law.

The process is slow, expensive, and stressful for your family. It often takes 12 to 18 months. Legal and administrative costs reduce the estate.Source: Intestates’ Estates Ordinance (Cap. 73)

How your estate is divided

Married, no children, no living parents

Your spouse gets everything.

Married with children

Your spouse gets the first HK$500,000 plus half the remainder. Your children share the other half equally.

Source: Cap. 73, s.4
Married, no children, parents alive

Your spouse gets the first HK$1,000,000 plus half the remainder. Your parents share the other half.

Source: Cap. 73, s.4
Not married, with children

Your children share everything equally.

Not married, no children, parents alive

Your parents share everything equally.

No spouse, no children, no parents

The estate goes to siblings, then grandparents, then uncles and aunts, in that order. If no relatives can be found, the government takes everything.

Source: Cap. 73, s.4
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See how your estate would be divided.

Use our free intestacy calculator to see exactly who gets what under the current law.

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What intestacy does not cover

  • You cannot choose who gets specific items or property
  • You cannot appoint a guardian for your children
  • You cannot name your preferred executor
  • Unmarried partners and stepchildren get nothing
  • Close friends and charities get nothing

The alternative

A will costs far less than the administration process that intestacy requires. It takes about 20 minutes to complete through Bequest. It gives you full control over who gets what, who manages your estate, and who raises your children.

Getting started

Do not leave it to the law.

With a will, you decide who gets what. Without one, the government decides for you. Bequest guides you through creating a Hong Kong‑specific will in about 20 minutes.

Start your will →Back to articles
From HKD 1,399 · Hong Kong‑specific · Reviewable, sign and witness on paper

The information in this article is provided for general informational purposes only and does not constitute legal advice. The distribution rules described above are based on the Intestates’ Estates Ordinance (Cap. 73) as currently in force. Individual circumstances vary, and you should seek independent legal advice for your specific situation.