Services
Three Instruments of Peace Service - Will
Last Will and Testament - Mental Capacity Assessment
A Will is an important legal document that protects your wishes after passing. While it is legally possible to create a Will on your own, having it prepared with professional assistance from doctors and lawyers makes the process more secure and significantly reduces the risk of future disputes.
According to legal requirements, a testator must possess the requisite mental capacity and fully understand their decision when signing a will. If the testator falls into any of the categories listed below, a lawyer will require a doctor to conduct an assessment and issue a medical certificate on the very same day the will is signed. This ensures that the testator is of sound mind and fit to make a will, thereby minimizing the risk of the will being challenged in the future:
-
Elderly individuals (aged 70 or above)
-
Individuals who have previously suffered a stroke
-
Individuals who have previously suffered from, or are currently living with, conditions affecting their mental status
Through a one-on-one assessment, the doctor will confirm whether the testator:
- Clearly understands the content and legal implications of the Will
- Comprehends the consequences of asset distribution
- Is capable of making independent and voluntary decisions
Fee: HK$5,000
(*Excludes outpatient consultation fees. The donor must independently arrange for a lawyer to draft the relevant legal documents.)
Assessment Date: On the day of Will signing
Important Note:
- It is recommended that the testator bring a draft of the Will on the day of the mental capacity assessment. This allows the doctor to review the specific content and provide a more accurate and comprehensive evaluation of whether you fully understand and agree with the arrangements.
- Upon completion of the assessment, the doctor will issue a medical certificate, providing important medical evidence to strengthen the legal validity of your Will. For more details, please consult our doctor.
Relevant Services of Three Instrument of Peace:
Enduring Power of Attorney (EPA) - Mental Capacity Assessment
Advance Medical Directive (AMD) - Mental Capacity Assessment
Enquiries & Appointments
Tel: 2711 5222
Frequently Asked Questions
While not legally mandatory, it is recommended. For a Will to be legally valid, the testator must be of sound mind and fully understand their decisions at the exact moment of signing. If the Will is later challenged — for example, if someone questions whether the testator was influenced by others, mentally unfit, or did not sign voluntarily — the Will may be contested and could even be declared invalid by the court.
Therefore, lawyers generally recommend that the testator arrange an independent medical assessment (mental capacity assessment) in advance. A registered doctor will confirm that, at the time of signing the will, the testator meets the following criteria:
- Clearly understands the content of the Will;
- Comprehends the legal consequences of their decisions;
- Fully understands how their assets will be distributed.
A mental capacity assessment helps reduce the risk of future disputes and serves as an important step in protecting the testator and their family. Making a Will is not just about filling out a document — it is crucial to ensure that the document is legally valid, enforceable, and truly serves its intended purpose.
Not necessarily. Our Family Medicine specialists are professionally trained to perform mental capacity assessments and issue the relevant medical certificates in accordance with Hong Kong legal requirements.
When a will is signed, two witnesses must be present at the same time. The witnesses must be over 18 years old, mentally capable, and cannot be beneficiaries named in the Will or their spouses. This is to avoid conflicts of interest and reduce the risk of future challenges.
Yes, both doctors and lawyers can serve as witnesses, provided they maintain an independent role and meet legal requirements. To ensure the Will’s validity and minimize future disputes, it is advisable to arrange suitable and independent witnesses.