Wills, wishes and lawyers … can we control our assets from the grave?
Recent legal wrangles have shown writing a will does not guarantee our wishes will be executed
Disputes over estates of the deceased often bring out the worst in human nature. With contention over the estates of late Canto-pop diva Anita Mui Yim-fong and late billionaire Nina Wang Kung Yu-sum, you might question the value of a will and paying a lawyer to write it.
Generally, we are free to do what we like with our property - we may sell it, give it away, or even destroy it, so long as this causes no harm to others.
However, there are many restrictions on what we can direct to be done with our property after our death.
A lawyer should be able to advise on whether our wishes are enforceable. For example, the special requirements necessary to make provisions for pets, or whether your desires could be challenged. While you can leave your property to whomever you wish, if you do not provide for your dependants then they may ask a court to vary the terms of your will.
So, if you have fallen out with your wife, don't think you can just write her out of your will. Generally a court would ensure that a widow was left in no worse position on the death of her husband than she would be in the event of a divorce.
It is also likely that "you can't take it with you" - ordering favourite items placed in your coffin may not be binding on your representatives.