Do I need a new will after getting married in Hong Kong?

Getting married in Hong Kong automatically revokes any will you made before the wedding.

This is not a commonly known rule. Most people assume a will stays valid unless they actively cancel it. But under section 14 of the Wills Ordinance (Cap. 30), marriage is one of the few events that voids a will automatically, without any action from you.

The moment you sign your marriage certificate, your previous will becomes legally ineffective. Your estate would then be distributed according to Hong Kong intestacy law (Cap. 73), as if you had never made a will at all.

Why the law works this way

The rule exists because marriage represents a fundamental change in your personal and legal circumstances. The law assumes that a will made before your marriage may not reflect your intentions now that you have a spouse. Rather than leaving that uncertainty unresolved, it wipes the slate clean.

The practical consequence is significant. If you made a will leaving everything to your parents, your siblings, or a previous partner, and you then marry without updating your will, none of those wishes have any legal force. Your new spouse may receive far less than you intended, or your estate may be distributed in a way that neither of you would have chosen.

What happens to your estate after marriage with no new will

Without a valid will, your estate is distributed under Cap. 73 intestacy rules. The outcome depends on your family situation at the time of death.

Is there any exception?

Yes — one. Under section 14(3) of Cap. 30, if your will was made in contemplation of a specific marriage, and the will itself clearly states that intention, then the marriage does not revoke it.

For example, if your will contained a clause that explicitly named the person you were engaged to and stated that the will was intended to survive your marriage to that specific person, the will would remain valid after that marriage.

In practice, this exception is uncommon. Most wills do not include such a clause. And even if yours does, the contemplation of marriage provision only protects the will as it stands. It does not automatically reflect your new circumstances as a married person. You almost certainly have new wishes that an old will cannot express.

The safe and practical answer is always the same: make a new will after you marry.

What about divorce?

Divorce does not revoke your will. This is a common misconception.

Under section 15 of Cap. 30, if your marriage is dissolved or annulled after you made a will, the will remains valid. What changes is how it operates.

This means that if your will leaves assets to other people — your children, your parents, or a friend — those gifts are unaffected by the divorce. But if your will was structured around your former spouse, significant parts of it may no longer work as you intended, even though the will itself survives.

After a divorce, you need a new will just as much as after a marriage. The reasons are just different.

The three life events that should always trigger a will review

Marriage, divorce, and the birth of a child are the three most common life events that make an existing will either void or outdated.

Other events worth a review: acquiring significant new assets, a beneficiary dying, moving property across jurisdictions, or a change in your relationship with someone named in your will.

How long does it take to make a new will?

Bequest guides you through creating a will in around 20 minutes. You answer straightforward questions about your family, your assets, and your wishes. Your completed document is yours to review, sign, and witness in accordance with Hong Kong law.

If you are recently married and have an existing will, making a new one should be one of the first things you do together as a couple.