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9. What happens to a will that does not follow the legal requirement?

If a will complies substantially with the formal requirements under s. 5 of Wills Ordinance (Cap. 30), it will still be held as valid.

 

However, if the will is held as invalid, the Court will inquire if there is a prior and valid will. 

 

If the answer is yes, that will become the last valid and subsisting will of the deceased.

 

If the answer is no, the deceased will die intestate.  The Intestates’ Estates Ordinance (Cap. 73) applies.

 

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