Studio Incendo [CC BY 2.0 (https://creativecommons.org/licenses/by/2.0)]
As a trusts and estates practitioner, I advise all individuals who have reached the age of majority to execute a last will and testament. No matter the size of one’s wealth or the nature of one’s family composition, a last will and testament is needed to keep affairs in order in the event of death. Not surprisingly, individuals are often compelled to write last wills when they have experienced something significant in their lives. The birth of children, the death of a relative, a divorce, or personal illness are all common impetuses for executing a last will and testament.
I am always pleased when an individual engages my services to write a last will and testament without any inciting reason, in other words, they do it because it is the responsible thing for an adult to do. I admire this kind of diligence and sense of responsibility as if the testatrix understands that even the smallest bank account requires some direction in its post-mortem disbursement and estates of all sizes require instructions.
As such, I have been fascinated by recent news reports from the ongoing protests in Hong Kong. For more than three months, citizens of Hong Kong have demonstrated against the government as they argue for the preservation of individual rights and freedoms. The protests have often resulted in violence. The risk of injury and death are palpable.
News reports reveal that some protesters have executed last wills and testaments as they expect to die as a result of the protests. Many of the protesters are students, in their twenties. The majority of the protestors represent the youth of Hong Kong. They do not have enough money to live in the expensive city, and while educated, they fear for their future. The protests are demonstrations in support of their future and their freedom. Despite their lack of wealth, many have chosen to write last wills and testaments as their final revelations, directing the administration of their estates and leaving messages for their families.
A driving issue among the protesters is the high cost of living in Hong Kong and the decrease in available jobs and wages, despite higher education. Property prices are also surging, making the purchase of a residence unattainable for many. Additionally, Hong Kong was established as a city for businesses. As such, its legislative council which determines how public money is used is dominated by business groups. Businesses, and not individuals, often get the advantages.
The plight of the Hong Kong citizens is an impetus for the contemplation of one’s own mortality. News outlets have reported that as a result of the protests, violence, and bleak opportunities, many are accepting of the fact that they may die. This realization, coupled with the education and preparedness of the protesters, is the basis for the preparation of their last wills and testaments. It is also demonstrative of the fact that one does not need to be wealthy, or even monetarily comfortable, to write a last will.
The protesters in Hong Kong demonstrate that when in the path of death, one needs to plan. Regardless of whether one has children, a spouse, an education, or money, upon death, there will always be an affair to reconcile. These actions also serve as a reminder that the last wills are often used as a final note to family and friends, revealing not only one’s wishes for the distribution of assets and property, but recognition of family and friends. Herein lies the immense power of a last will and testament, that is to implore upon one’s survivors the testator’s final thoughts and convictions. Certainly in the case of the Hong Kong protestors, much like wartime soldiers and terminal illness patients, the formality and structure of a last will and testament allow for their memory and direction to be forever preserved.
Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com.