Wills in the UK for Hong Kong Migrants
September 7, 2025
For Hong Kong migrants in the UK, a UK will is not just advisable, it is essential. It works alongside your Hong Kong will to protect assets in both jurisdictions and ensures a smoother, quicker estate administration.
1. Why a UK Will Is Needed
- Once you become resident in the UK, you will often open local bank accounts, buy property, or invest in UK assets.
- A Hong Kong will does not automatically cover UK assets. If you only have an HK will, your family may face delays and extra costs resealing or proving it in the UK.
- A separate UK will ensures your UK-situs assets are dealt with quickly under English law.
2. Dual Will Structure (HK + UK)
- Hong Kong Will – covers only HK assets (real estate, HK company shares, HK bank accounts).
- UK Will – covers only UK assets (property, bank accounts, investments).
- This avoids conflict between jurisdictions and speeds up probate.
- The two wills are drafted carefully so that one does not revoke the other.
3. Formal Requirements for a Valid UK Will
- Must be in writing.
- Signed by the testator (you) in the presence of two independent witnesses.
- Witnesses must also sign in your presence.
- Witnesses cannot be beneficiaries.
4. Tax Considerations
- The UK levies inheritance tax (IHT) at 40% on UK assets above the £325,000 threshold, even for non-dom migrants.
- A UK will does not eliminate tax exposure — it only ensures your assets are distributed according to your wishes.
- Trust planning (e.g. Excluded Property Trust) is required for IHT mitigation.
5. Practical Example
- Mr. Chan (Hong Kong BN(O) migrant) buys a house in London worth £1.2M.
- If he dies with only a Hong Kong will, his family may face months of cross-border probate.
- With a UK will, executors can apply for a UK Grant of Probate directly, speeding up access to the house and bank accounts.
6. Key Takeaways for HK Migrants
- Always maintain two wills: one in Hong Kong and one in the UK.
- Ensure the wills are co-ordinated (to avoid accidental revocation).
- A UK will is essential for:
- Owning UK property
- Holding UK bank or brokerage accounts
- Minimising probate delays for your family
✅
Summary:
For Hong Kong migrants in the UK, a
UK will is not just advisable, it is essential. It works alongside your Hong Kong will to protect assets in both jurisdictions and ensures a smoother, quicker estate administration.
EPOA covers property/financial matters only (not medical/welfare). If that’s your aim, proceed.
An Excluded Property Trust (EPT) is a type of trust used by non-UK domiciled individuals (such as Hong Kong citizens moving to the UK) to protect their overseas assets from UK Inheritance Tax (IHT) .
Moving to the UK under BN(O) brings exposure to a completely different tax regime. Early trust and estate planning before migration is critical to preserve wealth and avoid the 40% IHT trap.
