Malaysia vs Hong Kong
Wills and inheritance for Hong Kong residents who own property in Malaysia
Hong Kong and Malaysian will law share English roots, so a Hong Kong will usually looks familiar to a Malaysian lawyer. Malaysian property is still inherited under Malaysian law, and heirs need a Malaysian grant — either a resealed Hong Kong grant or a fresh one. This page explains the differences and the practical steps.
In short
Key points
- Malaysian land and strata units follow Malaysian succession law, even for owners domiciled in Hong Kong.
- Hong Kong and Malaysian formalities are almost the same: written, signed, two witnesses, testator aged 18 or over.
- Malaysian practitioners generally treat Hong Kong grants as resealable in Malaysia, but confirm this for your case with a Malaysian lawyer.
- Without a will, Hong Kong’s statutory legacy to the spouse does not apply to Malaysian land; Malaysia’s Distribution Act 1958 does.
- Neither Hong Kong (since 2006) nor Malaysia (since 1991) has estate duty.
- A separate Malaysian will for Malaysian assets lets the Malaysian side run in parallel with Hong Kong probate.
The Hong Kong system
How wills and inheritance work in Hong Kong
Hong Kong wills are governed by the Wills Ordinance (Cap. 30). The testator must be 18 or over; the will must be in writing and signed (or acknowledged) in front of two witnesses present together, and a gift to a witness or the witness’s spouse fails. Section 24 recognises a will made abroad if it complies with the law of the place where it was made, or of the testator’s domicile, habitual residence or nationality.
Without a will, the Intestates’ Estates Ordinance (Cap. 73) applies. Where a spouse and children survive, the spouse takes personal chattels and a fixed sum of HK$500,000 from the residue, and the balance is split equally between the spouse and the children. Family members and dependants may claim reasonable provision under Cap. 481. Estates are administered under the Probate and Administration Ordinance (Cap. 10). Estate duty was abolished from 11 February 2006.
Comparison
Malaysia vs Hong Kong side by side
| Point | Malaysia | Hong Kong |
|---|---|---|
| Will law | Wills Act 1959 (Peninsular non-Muslims); Sabah and Sarawak ordinances | Wills Ordinance (Cap. 30) |
| Minimum age | 18 | 18 |
| Formalities | Written, signed, two witnesses present together | Written, signed, two witnesses present together |
| Foreign wills | Valid if made under local law or law of domicile (s.27) — must be in writing | Valid if made under law of place, domicile, habitual residence or nationality (s.24) |
| No will — spouse and children | Spouse 1/3, children 2/3 | Spouse takes chattels, HK$500,000, then half of the rest; children the other half |
| Family claims | Limited; Inheritance (Family Provision) Act 1971 in Peninsular Malaysia | Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) |
| Estate duty | None (abolished 1991) | None (abolished 11 February 2006) |
| Grant recognition | Commonwealth grants resealed under PAA 1959 s.52; Hong Kong grants generally accepted in practice | Resealing limited to listed places (e.g. UK, Singapore, New Zealand); Malaysian grants not listed |
Wills Act 1959; Distribution Act 1958; IBA Hong Kong International Estate Planning Guide; Malaysian law-firm guidance on resealing; checked October 2026.
Cross-border
What carries over to Malaysia — and what does not
- Your Hong Kong will can be used. A will valid under the Wills Ordinance meets section 27 of Malaysia’s Wills Act 1959, as it was made under the law of the place where it was signed.
- Resealing is commonly used — but check. Section 52 of Malaysia’s Probate and Administration Act 1959 allows resealing of grants from Commonwealth courts. Malaysian practitioners generally accept Hong Kong grants for this purpose, but Hong Kong’s status changed in 1997, so ask your Malaysian lawyer to confirm before relying on it. If resealing is refused, heirs apply for a fresh Malaysian grant.
- Intestacy rules differ for land. Without a will, the Malaysian property follows the Distribution Act 1958. The Hong Kong statutory legacy of HK$500,000 to the spouse does not apply to it.
- Joint tenancy may not apply. Many Hong Kong couples hold flats as joint tenants, which pass by survivorship. Malaysian co-ownership is usually in undivided shares that pass under each owner’s will — see ownership structures.
- The reverse is harder. Hong Kong reseals grants only from listed places, and Malaysia is not among those listed, so a Malaysian resident with Hong Kong assets may need a fresh Hong Kong grant.
Planning option
Should you make a separate Malaysian will?
Parallel process
A Malaysian executor can apply for Malaysian probate without waiting for the Hong Kong grant to be issued and resealed.
Local executor
Choose someone who can deal with Malaysian banks, the developer or management body and the land office, or a licensed trust company.
Avoid accidental revocation
Each will should state the assets it covers and must not revoke the other. Tell both lawyers about the other will.
Heirs as foreign owners
Hong Kong heirs inherit as foreigners. State rules on foreign ownership are on property by state.
Practical steps
Practical steps for Hong Kong owners
- List Malaysian assets: strata title or title number, SPA, loan account, tenancy and bank accounts.
- Decide between a Hong Kong will with resealing, or a separate Malaysian will for Malaysian assets.
- Check loan protection on any Malaysian mortgage — see home loans: Malaysia vs Hong Kong.
- Tell your executor where both original wills are kept.
- If heirs may sell, read property tax: Malaysia vs Hong Kong for real property gains tax.
Straight answers
Frequently asked questions
Is my Hong Kong will valid for property in Malaysia?
Generally yes. A will made under Hong Kong’s Wills Ordinance meets s.27 of Malaysia’s Wills Act 1959. It must still go through Malaysian resealing or probate before the property is transferred.
Can a Hong Kong grant of probate be resealed in Malaysia?
Malaysian practitioners generally treat Hong Kong grants as resealable under s.52 of the Probate and Administration Act 1959, but confirm with a Malaysian lawyer; otherwise heirs apply for a fresh Malaysian grant.
Who inherits my Malaysian flat if I die without a will?
Malaysia’s Distribution Act 1958 applies to Malaysian immovable property — for example, spouse one-third and children two-thirds where no parent survives.
Does joint tenancy work for Malaysian property?
Malaysian co-ownership is usually in undivided shares, so each owner’s share passes under their will or intestacy rather than automatically to the other owner. Check how your title is registered.
Is there estate duty on Malaysian property for Hong Kong residents?
No. Hong Kong abolished estate duty in 2006 and Malaysia in 1991.
Should I have a separate Malaysian will?
It is often simpler for heirs, because the Malaysian application can run alongside Hong Kong probate. The two wills must be drafted to work together.
Compare
Wills and estates: Malaysia and other countries
Other guides
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