Can an irrevocable trust be changed in Hong Kong?
Can an irrevocable trust be changed? Sometimes: it depends on the powers in the deed and on the governing law. This page answers that and the other questions families ask about a Hong Kong trust, from basics and set-up to running it, reporting and getting help. If yours is not here, book a call.
Reviewed by a senior trust administrator, updated
Top questions
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Key facts
- Governing law
- Common law and the Trustee Ordinance (Cap. 29)[1]
- Perpetuity period
- Settlors may set up perpetual trusts from 1 December 2013[2]
- Stamp duty on transfers
- Stamp duty can arise when Hong Kong shares or Hong Kong property move into a trust[4]
Numbers in brackets point to the Sources list at the end of this page.
Basics: settlor, trustee, beneficiaries and the deed

The basics come down to three roles and one document. A settlor transfers assets, a trustee holds them, and beneficiaries benefit, all under a written deed that the trustee must follow.
Hong Kong’s trust law rests on the common law, the Trustee Ordinance (Cap. 29) and the Perpetuities and Accumulations Ordinance (Cap. 257).
The Trust Law (Amendment) Ordinance 2013 reformed it from 1 December 2013 (source: Hong Kong Government press release, 26 July 2013).
Is a trust the same as a company?
No. A company is a separate legal person with shareholders and directors. A trust is a relationship: the trustee owns the assets for the beneficiaries under the deed. Trusts often hold companies, such as a holding company over a family business.
What does a Hong Kong trustee do?
A Hong Kong trustee holds the assets as legal owner and manages them for the beneficiaries under the deed, the common law and the Trustee Ordinance (Cap. 29). It keeps records, accounts and minutes, takes the decisions the deed gives it, runs identity checks and files reporting returns with the Inland Revenue Department where required.
Setting up: checks, drafting and moving the assets
Most of the set-up time goes on identity checks, documents and third parties such as the law firm and the bank.
How long it takes is answered in the step-by-step set-up guide, which also lists each document the trustee asks for.
What is the first step towards a Hong Kong trust?
A conversation about the family, the assets and the aim, so we can say which structure fits. We reply with the questions that matter for your case, and the identity checks start once you decide to go ahead. The stages after that, and the documents for each, are in the step-by-step set-up guide.
Do I need to live in Hong Kong to have a trust there?
No. Settlors who live outside Hong Kong can use a Hong Kong trustee. The trustee must be able to verify who you are, where the assets came from and who the beneficiaries are. Your home-country adviser reviews your own tax position.
Can I move an existing trust to a Hong Kong trustee?
Often, yes. The usual route is a deed of retirement and appointment: the current trustee retires and a Hong Kong trustee is appointed. The trust's deed and governing law decide whether that works. We can also administer a trust alongside its trustee.
Can a trust hold shares in my family company?
Yes. Holding shares in a family company is a common reason to set up a trust, usually through a holding company. Moving Hong Kong shares can involve stamp duty under the Stamp Duty Ordinance (Cap. 117), so the law firm checks this when the structure is designed.
Running the trust: records, decisions and later changes
Once the trust exists, the trustee runs it day to day under the deed. That means holding the assets, keeping records and accounts, holding trustee meetings when decisions are needed and refreshing identity checks over time.
Later changes, such as adding a beneficiary or amending a term, depend on the powers written into the deed at the start.
The cost guide for Hong Kong trusts explains which tasks fall under the yearly fee and which are charged when they happen.
Can an irrevocable trust be changed?
Sometimes. It depends on the deed and the governing law. Many deeds let the trustee or a protector change administrative terms or add beneficiaries. Where the deed gives no such power, your lawyer advises whether any other route exists before a change is attempted.
Can I keep a say in how the assets are invested?
Often, if the deed allows it. You can keep investment decisions yourself or appoint a professional manager. How far a reservation works depends on the deed's wording and the governing law. The trustee still holds the assets and keeps the records.
What goes into a letter of wishes for a Hong Kong trust?
Usually your hopes for how the trustee uses its discretion: who should benefit, when children should receive money, and how a family company or other key assets should be handled. For a Hong Kong trust the letter guides the trustee but does not bind it, and you can update it whenever circumstances change.
Can beneficiaries be added or removed later?
Usually, if the deed gives someone that power. Many deeds let the trustee add or exclude beneficiaries, often with the protector's consent. The power and its steps are written in at the start, so think ahead about children and marriages.
What happens to the trust when the settlor dies?
The trust continues under its deed. For assets already placed in the trust, the trustee keeps following the deed and any letter of wishes; your lawyer confirms this for assets in other countries. Other assets follow the will or intestacy rules.
How does a trust fit into estate planning?
A trust sets out who benefits and when, under a deed that stays in force after the settlor's death. A will, powers of attorney and the trust work together, and your lawyer designs the set. Advisers check the tax effects.
Reporting and tax: what the trustee files
Reporting is the trustee’s job, or the bank’s where the bank reports; your own tax is your adviser’s.
The trustee collects tax residence forms and files returns with the Inland Revenue Department where required, under automatic exchange of financial account information (source: Inland Revenue Department, AEOI frequently asked questions).
Hong Kong runs automatic exchange under the Common Reporting Standard, known as CRS (source: Inland Revenue Department, AEOI Ordinance 2026).
Whether a trust reports under CRS, and how inheritance taxes elsewhere fit in, are covered on the reporting duties page.
Will a trust reduce my tax?
We cannot say, and we do not promise any tax result. The effect depends on where you, your beneficiaries and your assets are, and how the trust is built and run. Your tax advisers confirm the position before you sign.
Getting help: a call or a quote first
Help starts with a short conversation or a quote request. A quote is an estimate based on your answers, which we confirm after seeing the documents.
If your question is not answered here, start from the main Hong Kong page or the legal framework page.
When you are ready, request a Hong Kong quote and we reply with the next questions for your case.
Can I speak to someone before I decide?
Yes. Book a call to talk through your family, your assets and the aim of the trust. We explain how the structure works and what we need, and you bring in your own advisers when ready. You can also request a quote first.
What should I prepare before contacting a trustee?
The purpose of the trust, a rough list of assets and where they sit, the people you want to benefit, and the names of your lawyer and tax adviser if you have them. None of it needs to be final.
How do I choose a trustee in Hong Kong?
Ask how the trustee verifies identity, who handles your trust day to day, how decisions and records are kept, how reporting is handled, and how fees are quoted. Ask for the answers in writing and compare them with your lawyer's view.
Sources
- Trustee Ordinance (Cap. 29), Hong Kong e-Legislation, read 2026-11-05.
- Hong Kong Government press release: Trust Law (Amendment) Ordinance 2013 gazetted (26 July 2013), read 2026-11-05.
- Perpetuities and Accumulations Ordinance (Cap. 257), Hong Kong e-Legislation, read 2026-11-05.
- Stamp Duty Ordinance (Cap. 117), Hong Kong e-Legislation, read 2026-11-05.
- Inland Revenue Department: AEOI frequently asked questions, read 2026-11-05.
- Inland Revenue Department: Inland Revenue (Amendment) (Automatic Exchange of Information) Ordinance 2026, read 2026-11-05.