A Guide to Wills and Probate Practice in Hong Kong, Second Edition

"The Hong Kong White Book is the standard point of reference for the rules of civil procedure in this jurisdiction and, as such, an indispensable tool for the well-prepared litigator." — The Hon. Mr Justice Joseph Fok P.J. (Editor-in-Chief)

"Using the White Book could easily save firms HK$20,000 a day." — Martin Rogers (General Editor)

What is the White Book?

Hong Kong Civil Procedure 2027 (The White Book) is the definitive reference manual on the rules of civil procedure and practice in Hong Kong. Endorsed by the Hong Kong Judiciary and relied upon daily by judges and practitioners, it is the standard point of reference for court litigation, arbitration, and mediation in Hong Kong.

What does The White Book cover?

The 2027 edition is published in five volumes:

1. Volume 1 — Commentary to each Order of the Rules of the High Court
2. Volume 2 — Commentary to specialist Ordinances on legal practice
3. Volume 3 — Detailed commentary on the Arbitration Ordinance, Mediation Ordinance, and selected Practice Directions
4. Volume 4 — Court Forms
5. Volume 5 — Index

All commentary in Volumes 1–3 has been carefully reviewed and annotated by a pool of over 100 expert contributing editors, including leading barristers and solicitors.

Why do litigators rely on The White Book?

The White Book provides authoritative, court-endorsed procedural guidance across the full scope of Hong Kong civil litigation. Its reliable layout, comprehensive case law, and expert annotations allow practitioners to locate reliable guidance quickly, accurately, and confidently. With over 100 specialist contributors, it is the most comprehensively annotated civil procedure resource available in Hong Kong.

Who should use The White Book?

The White Book is an essential reference for Hong Kong litigators, solicitors, barristers, in-house counsel, and judges handling High Court civil proceedings, arbitration, or mediation matters.

Conversations with the Conscience: Dialogues on Law, Life and Dissent is a written dialogue between Dr Charles Ho Wang Mak and The Honourable Mr Justice Kemal Bokhary GBM JP. The book captures Justice Bokhary's voice in a form that his judgments cannot: a candid conversation moving between personal experience and legal philosophy. It is accessible to the general reader while remaining substantive for practitioners and students.

Conversations with the Conscience covers four themes:

Who should read Conversations with the Conscience?
• Practitioners and barristers seeking a candid engagement with judicial philosophy and the act of dissent
• Law students and academics interested in the principles underlying Hong Kong's common law tradition
• General readers drawn to legal memoir, judicial biography, and the rule of law in Hong Kong

A Guide to Wills and Probate Practice in Hong Kong, Second Edition sets out the essentials of non-contentious probate practice in Hong Kong. The book explains the substantive law on wills, alongside practical guidance on will drafting and the probate process.

The Second Edition has been expanded to include a brand-new chapter on Wills and Probate Practice in Mainland China, written by Dr Dennis Tang, who is qualified in both jurisdictions.

Why should readers rely on A Guide to Wills and Probate Practice in Hong Kong?

This practical handbook is written for both practitioners and law students. It includes a selection of useful precedents, Practice Directions, and commonly used forms from the Home Affairs Department and the Probate Registry. This book also tracks recent Hong Kong and UK case law which are directly relevant to probate matters.

What is new in the Second Edition?

A Guide to Wills and Probate Practice in Hong Konghas been substantially enhanced to reflect developments in law and practice, including:

• Expanded coverage of estate and wealth-planning tools, including trusts, letters of wishes, living wills, and powers of attorney.
• Up-to-date case law, with key UK and Hong Kong decisions, such as:
  • the UK Supreme Court's decision in Ilott v Mitson [2017] and
  • LKYI v GJS (Personal representative of KO, deceased) (Financial provision claimed by de facto wife) [2024], addressing maintenance claims by a de facto wife under the Inheritance (Provision for Family Dependants Ordinance).
• Consideration of the "Golden Rule", as applied in Chiu Mei Cherry v Yip Ngan Yok & Anor [2024].
• Recognition of overseas same-sex marriages for inheritance purposes, following the Court of Final Appeal's decision in Li Yik Ho v Secretary of Justice [2024].
• Reference to UK Law Commission recommendations on "Modernising Wills Law". Given that Hong Kong's Wills Ordinance closely mirrors the UK's Wills Act 1837 (as amended by the Administration of Justice Act 1925), the book draws on relevant UK Law Commission proposals that may inform future reforms to wills legislation in Hong Kong, such as:
  • the abolition of revocation by marriage to prevent exploitation through "predatory marriages"
  • future-proofing wills law by enabling "electronic wills."
• Coverage of Mainland China-related and cross-border probate practice and procedure, including practical guidance for cases with cross-jurisdictional elements.

Who should use A Guide to Wills and Probate Practice in Hong Kong?

Solicitors handling non-contentious probate and estate planning, barristers advising on succession and family provision claims, and law students studying wills and probate law in Hong Kong. Practitioners handling cross-border estates involving mainland China will find Chapter 10 a valuable point of reference.