如果有遺囑

兩睇啦。

如果你有時間，又識點辦理遺囑認証，
可到高等法院遺產承辦處辦理。
如果唔多識都唔緊要，嗰度既職員都會幫下你既。


但如果冇時間，又唔識辦理認証，
咁就要去律師樓，佢地會代你到高等法院辦理。


2015-05-26 01:09:27 補充：
My understanding is that:
Rita was asking abt whether a lawyer is required for "obtaining a Grant of Probate", not "administering the estate"
A lawyer is not necessary for obtaining a Grant even though the estate includes a real property, that's a piece of fact in HK

2015-05-26 01:18:44 補充：
Whether an executor is appointed, it depends on the wish of the testator, not on the language of the will.
The executor must submit his Affirmation/Affidavit into court. That doesnt mean he himself must apply to the court for probate.

2015-05-26 01:27:32 補充：
In many cases, the executor usually is a beneficiary, a relative or a friend of the testator, instead of a lawyer coz it's costly to appoint a lawyer executor.
If it's a usual case to appoint lawyer to be the executor, only those who have a better financial resources can make a will !

2015-05-26 12:37:15 補充：
"1. ... I did not say anything further if a lawyer is required."
So, u mean u are not answering the question.

"2. If the will has provided language regarding the executor..."
You mean the wording i.e. the content !
We are talking about different matters.

2015-05-26 12:48:25 補充：
"3. The Court has made this explicitly usually the executor applies for the Grant..."
If an executor is not a lawyer, then "he himself may apply" for a Grant without engaging a lawyer and that complies with law.

2015-05-26 12:49:21 補充：
"4. A non-lawyer executor can hire a lawyer to represent the executor in the proceeding."
Any one any person can always engage a lawyer to represent him. That's not an issue. The question asked is whether a lawyer is required.

2015-05-26 13:08:36 補充：
"5. ...So those who have wills must have a sizable estate."
No la. Most of my friends have wills and the executors in most cases are their spouses or brothers/sisters. They are not rich, but they understand that it is more troublesome to prove an intestate estate than proving a will.

2015-05-26 13:09:30 補充：
They just want to save those troubles from being caused to the survivors who probably will be overwhelmed by deep sorrow and unable to handle such matters. They hope their loved ones would walk thro those difficult times and recover faster.

2015-05-26 13:50:06 補充：
"6. So even not probate, a lawyer may be required for inheritance."
Agreed. A lawyer may be required for any proceeding.
It seems that u r from the Earth and l'm from the Mars and we are talking abt different things at different time.

The answer is no.

1. Some inheritance, such as real estate properties, must be transferred through a lawyer. Even having a court order allowing the inheritance, the beneficiaries will still need a lawyer to complete the transfer.

2. Depending on the language of the will, in many instances, a testator (the person making the will) will specify certain instructions, including assigning an executor. In that case, only the executor can apply to the court for probate.

In many cases, the executor is usually the lawyer who drafted the will.

2015-05-26 04:34:31 補充：
My understanding is different from you.

She asked if a descendant of the deceased can obtain the Grant of Probate without going through a lawyer or law firm.

1. I only said only the executor can apply for the Grant. I did not say anything further if a lawyer is required.

2015-05-26 04:35:49 補充：
2. If the will has provided language regarding the executor, then it MUST be followed as it is an integral portion of the will.

Otherwise, the will must be formally contested.

Only in the case when there is no instruction, then the Court can consider something otherwise, like the wish.

2015-05-26 04:40:17 補充：
3. The Court has made this explicitly usually the executor applys for the Grant:

http://www.judiciary.gov.hk/tc/crt_services/pphlt/html/probate.htm#7

(The language does not make this absolute as the designated executor may not be available.)

2015-05-26 04:51:49 補充：
4. A non-lawyer executor can hire a lawyer to represent the executor in the proceeding.

5. A will is not necessary in typical situations. So those who have wills must have a sizable estate.

2015-05-26 04:54:04 補充：
6. Probate (遺產認証手續) and Inheritance (遺產繼承手續) are intergral portions of the estate proceeding (遺產手續). Rita asked for the entire process.

So even not probate, a lawyer may be required for inheritance.

2015-05-26 16:05:58 補充：
"So, u mean u are not answering the question."

My main point is eventually a lawyer will be required, even not for the application of the grant, but for the inheritance.

2015-05-26 16:08:47 補充：
"If an executor is not a lawyer, then "he himself may apply" for a Grant without engaging a lawyer and that complies with law."

Yes. But they will turn to lawyers as most of them don't know what to do.

Also - I pointed out that only executors, not beneficiaries, can apply.

2015-05-26 16:10:14 補充：
"No la. Most of my friends have wills and the executors in most cases are their spouses or brothers/sisters. They are not rich, but they understand that it is more troublesome to prove an intestate estate than proving a will."

Some wills are simply, and some are complex.

2015-05-26 16:11:16 補充：
There are many reasons why people need wills. Since it is more a personal choice, I rather not to address this issue.