Hong Kong's LGBTQ Inheritance Law: Impact on Same-Sex Couples

Connectors HK: LGBTQ+ Life Planning – Why Same-Sex Couples Must Have a Will

On the morning of November 26, 2024, Hong Kong's LGBTQ+ couples celebrated another historic victory. The Court of Final Appeal ruled in favor of Henry Li and Nick Infinger in their case regarding public housing, Home Ownership Scheme flats, and inheritance rights for overseas-married same-sex couples. The court ruled against the government, granting same-sex spouses who married overseas the same rights as heterosexual spouses in these three areas.

In simple terms: “As long as a same-sex couple is legally married overseas, if one partner passes away without a will, their spouse can inherit their estate under the Intestates’ Estates Ordinance.” However, despite this “safety net” regulation that protects the rights of same-sex spouses, there are still practical reasons why LGBTQ+ couples should draft a will to ensure their estate is distributed according to their wishes.

1. Beneficiaries May Not Always Be Family Members

A valid will allows an individual to clearly express their personal wishes and distribute their assets accordingly. For family members, this is an expression of love and care. Additionally, a will can help allocate assets to close friends, charities, or causes that are important to you, even if they are not blood relatives, ensuring that the people and organizations you care about are blessed with your legacy.

2. Consider Your Relationship with Your Partner’s Family: Lessons from the Film All Shall be Well 《從今以後》

When financial interests are involved, relationships often become complicated. This is especially true when someone passes away—loved ones must not only deal with the grief of loss but also handle numerous administrative and legal matters, which can be overwhelming.

As depicted in the film All Shall be Well 《從今以後》, after a person passes away, the dynamics between their partner and their family can change, especially when emotions and financial interests collide. This is particularly relevant for many same-sex couples who may not have come out to their families or made their relationship public. Without a will, the lack of clear asset distribution could lead to disputes, heartbreak, and even cause the surviving partner to lose their home or financial stability. A legally binding document can help avoid these complications and provide clarity.

3. LGBTQ+ Families: Guardianship of Children After a Parent’s Passing

Hong Kong law does not recognize a child as having two mothers or two fathers. In a diverse family structure, if a same-sex couple has children, legal guardianship is typically assigned to only one parent. Same-sex couples must prepare separate legal documents to address guardianship issues. Parents can also use a will to designate a guardian for their child. In the event of a parent’s passing, the court will prioritize the child’s best interests when appointing a guardian, and the wishes expressed in the will are an important factor considered in this decision.

Don’t Procrastinate – Take Action Now to Start your Estate Plan

Estate planning is often seen as something to do later in life, but the reality is that none of us can predict how long we live in this planet. To protect those you cherish, it’s best to draft a will early according to your wishes, consider Enduring Power of Attorneys, insurance plans as asset management tools, and review your plans regularly. Ready to secure your family’s future? Start your Will today with NobleWills, tailored for LGBTQ couples. Contact an LGBTQ+ advisor at the same time to explore your life planning options as well!

About Connectors HK

Connectors HK is Hong Kong’s first LGBTQ+ life planning and protection platform. The team focuses on building financial stability for Hong Kong’s LGBTQ+ community and helps them achieve their goals across different stages of life. Connectors HK actively engages with the LGBTQ+ community by organizing various events and educational seminars on topics such as same-sex marriage, planning for unmarried couples, LGBTQ+ parenting, elderly care, and more - empowering Hong Kong’s LGBTQ+ individuals to live the life they desire.