Estate Planning for Blended Families in Hong Kong: Stepchildren, Ex-Partners, and the Family Provision Trap

A blended-family will must identify who benefits. In Hong Kong, “children” does not automatically include stepchildren, and an omitted person may seek maintenance under the Inheritance (Provision for Families and Dependants) Ordinance (Cap.481).

CLIC says that, absent a contrary intention, “child” or “children” typically includes adopted and illegitimate children. To benefit only natural and legitimate children, the testator must say so clearly. Stepchildren are not automatically included and must be specifically provided for in the will. Define the intended class and specifically provide for each intended stepchild.

An ex-partner—ex-spouse or lover—is not a beneficiary merely because of that status, but may be a maintenance claimant. The IFDO applies only if the deceased was domiciled in Hong Kong or had been ordinarily resident there at any time in the 3 years immediately preceding death. Even substantial Hong Kong assets do not overcome failure to meet that condition.

In certain circumstances, the court may intervene if a family member or dependant seeks a share omitted under the will or intestacy, or a larger share. Anyone wholly or substantially maintained by the deceased immediately before death may apply. This includes ex-spouses, lovers, adult children, godchildren, parents and siblings. Most typically, applicants are a spouse or an infant or disabled child.

The court weighs the estate’s financial resources; applicants’ and beneficiaries’ current and future financial resources and needs; the deceased’s obligations and responsibilities to them; disability; and relevant conduct. A spouse’s claim is considered more or less like an application for ancillary relief on divorce. Orders may include periodic payments, a lump sum or transfer of property. CLIC calls the 6-month deadline after the grant of representation rigid. A late application will not be entertained except for exceptional reasons.

CLIC illustrates the risk. A wealthy man had been emotionally detached from his wife for a long time. He had married her for 20 years, did not want to pay maintenance, never divorced her, and left all his assets to his mistress. They were childless. The wife may apply and has a good chance of receiving a substantive share. In another case, an able-bodied adult son dependent since age 16 was more likely to fail or receive limited relief.

In practice, identify every intended child and stepchild, define who benefits, and assess anyone wholly or substantially maintained. Omitting someone does not prevent a maintenance application. Executors should record the 6-month deadline when representation is granted.