2. I am very afraid that my will will not be executed according to my wishes. What can I do to guarantee the due execution of my will after my death?
A valid will will be duly executed upon the testator’s death.
Therefore, you should ensure the validity of your will.
A valid will:
- Complies substantially with the formal requirements under s. 5 of Wills Ordinance (Cap. 30);
- shows a testator’s unequivocal intention to make a will; and
- shows a testator’s mental competence in giving instructions for the preparation and execution of the will.
To ensure due compliance of the relevant requirements, you may consider instructing a solicitor to arrange for the preparation and the execution of your will.
You may also appoint a trusted person to be the executor or an independent professional executor especially if the size of the estate justifies the associated professional fees.
Please refer to the section about the “Capacity of an executor” for appointing a trusted person to be the executor.