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Trust and Probate Department

Ford, Kwan and Company has been advising and serving clients on trust, succession and inheritance for well over sixty years. Our Trust and Probate Department is among the first ones in Hong Kong to provide cross-border one-stop trust and probate service in greater China. The reasons that one chooses to establish a trust varies among individuals. Our services care for the specific needs of individual clients whilst maintaining privacy and confidentiality.

In the other aspect of dealing with probate administration, we have built up close working relationships with Notary Public Offices of the PRC, in particular those in Guangdong and Zhejiang provinces, the authorities in charge of the non-contentious probate issues. With an extensive network, we could more effectively proceed with non-contentious PRC succession procedures.

The major areas of work of our Department include:
╴ Design and establishment of living and testamentary trusts including in off-shore jurisdictions for asset protection and confidentiality;
╴ Provision of tax law advice;
╴ Instructing insurance companies, banks and other financial institutions for the purpose of structuring and constitution of trusts;
╴ Preparation of trust deeds, constitutional and related documents;
╴ Provision of trustee and administration of trusts services including arrangement for accounting, financial planning and investment portfolio management advice;
╴ Setting up tax-exempted corporations or trusts for charitable organizations;
╴ Preparation for wills and advice on the related issues;
╴ Application for grant of probate and advice on testacy;
╴ Application for grant of letters of administration and advice on intestacy;
╴ Resealing of foreign grants;
╴ Advice on administration and distribution of estate or asset disposition;
╴ Preparation of and advice on deed of family arrangement and PRC deed of family arrangement;
╴ Preparation for assent for change of ownership;
╴ Handling of disputes representing trustees or beneficiaries related to inheritance, succession, and litigation on contentious trust-related or probate issues: validity of settlement or will, trustee’s rights, powers, duties and obligations;
╴ Advice on asset preservation, appointment of committees or guardians under the Mental Health Ordinance;
╴ Creation of enduring powers of attorney;
╴ Arrangement for application for succession of PRC estate, including but not limited to real property, savings in PRC bank account, shareholding in PRC company or other entity and other forms of assets;
╴ Arrangement for change of ownership in relation to PRC real property; and
╴ Arrangement for handling of litigation in PRC on succession or inheritance.