Hong Kong Ordinances

WILLS ORDINANCE - SECT 5

Signing and witnessing of a will

(1) Subject to sections 6 and *[23D], no will shall be valid unless-

   (a)  it is in writing, and signed by the testator, or by some other person
        in his presence and by his direction;

   (b)  it appears that the testator intended by his signature to give effect
        to the will;

   (c)  the signature is made or acknowledged by the testator in the presence
        of 2 or more witnesses present at the same time; and

   (d)  each witness either-

        (i)    attests and signs the will; or

        (ii)   acknowledges his signature, in the presence of the testator
               (but not necessarily in the presence of any other witness), but
               no form of attestation shall be necessary. [cf. 1982 c. 53 s.
               17 U.K.]

(2) A document purporting to embody the testamentary intentions of a deceased
person shall, notwithstanding that it has not been executed in accordance with
the requirements under subsection (1), be deemed to be duly executed if, upon
application, the court is satisfied that there can be no reasonable doubt that
the document embodies the testamentary intentions of the deceased person.
(Replaced 56 of 1995 s. 3)
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___ Note:

* Section 23D has not yet come into operation. See section 8 of the Wills
(Amendment) Ordinance 1995 (56 of 1995).