Opinion | Asia must find the will to break the taboo on talking about death

Dying intestate risks leaving after-death decisions to a probate court or for loved ones to tussle over when a simple will, or even an advance directive, can protect the next generation from a lot of grief

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Workers transfer a coffin outside a funeral services shop in Hung Hom district in Hong Kong on March 16. Photo: Yik Yeung-man

Published: 6:45am, 20 May 2022

“In this world, nothing is certain except for death and taxes,” said Benjamin Franklin. And yet, in Asia and many parts of the world talking about death and preparing a will is an unwelcome, if not taboo, subject. Some superstitious people believe that writing a will is akin to putting a curse on yourself.

I recently had a parent pass away, which got me thinking about the challenges associated with the end of life. A Baptist University study conducted in 2017 showed that more than 75 per cent of Hong Kong residents aged 55 years and above had made inadequate provisions for their golden years. According to another publication, only 1 per cent of China’s 220 million seniors had drawn up inheritance plans.

This seems counterintuitive, because as a culture, the Chinese place great importance on saving money and making sure there is enough for a rainy day. It seems wasteful not to have plans in place for how to distribute assets and take care of people one cares about. Regardless of how much we are leaving behind, it’s a lifetime of hard work that we are passing on. Not to sound morbid, but it’s not as if any of us can evade eventual death after all.

The problem of suboptimal estate planning has been further exacerbated by Covid-19, as most hospitals stopped or significantly limited visits. Without a will or enduring power of attorney in place, some people were caught out by an inability to take care of their affairs. After all, no one would waste their single visitor allowance on a lawyer rather than a family member.

When a person dies intestate, without leaving a valid will, their property or estate must be distributed according to set rules rather than the wishes of the deceased. Sometimes, this results in tussles over assets and strained family ties.

According to the People’s Daily, 70 per cent of inheritance disputes in Beijing courts stem from the lack of a will. To maintain social stability, the mainland government called on local authorities to establish free legal centres for those over 60 years to assist in drawing up wills.

Surprisingly, younger people seem more willing to draw up wills, as reported by the China Will Registration Centre, a public welfare project. The last will and testament of the younger generation tends to include not only traditional bank deposits and real estate, but also virtual properties such as Alipay, WeChat, Tencent QQ and game accounts.