CHUNG CHUI EVERITT AND OTHERS v. PONG LAU LAU

CHUNG CHUI EVERITT AND OTHERS v. PONG LAU LAU

Having heard unchallenged evidence from the solicitor, an attesting witness and firm personnel and given the plaintiffs' concession that the legal burden was discharged, the Court concluded the executrix propounded the will satisfactorily and therefore pronounced the will in solemn form of law and granted probate to the executrix.

Citation
CHUNG CHUI EVERITT AND OTHERS v. PONG LAU LAU
Parties
3rd Plaintiff (original Action): JOHNNY CHUNG AH WONG; 4th Plaintiff (original Action): CHUNG YIN WONG; 5th Plaintiff (original Action): CHUNG MAT WONG; 6th Plaintiff (original Action): CLAUDIA CHUNG YAN WONG; Defendant (original Action): PONG LAU LAU; Plaintiff (counterclaim): PONG LAU LAU; 1st Defendant (counterclaim): CHUNG CHUI EVERITT; 2nd Defendant (counterclaim): SENTA WONG; 3rd Defendant (counterclaim): JOHNNY CHUNG AH WONG; 4th Defendant (counterclaim): CHUNG YIN WONG; 5th Defendant (counterclaim): CHUNG MAT WONG; 6th Defendant (counterclaim): CLAUDIA CHUNG YAN WONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2007
Case Number
HCAP1/2003
Procedural Posture
Probate Action / Judgment (order Pronouncing Will and Granting Probate)
Outcome
Will dated 11 August 2000 pronounced in solemn form of law; probate granted in favour of the defendant (executrix).
Legal Topics
Due Execution of Will, Testamentary Capacity, Knowledge and Approval of Will, Burden of Proof in Probate Proceedings, Costs
Source Language
EN
Probate Wills and Succession Due Execution of Will Testamentary Capacity Knowledge and Approval of Will Burden of Proof in Probate Proceedings Costs

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Parties

JOHNNY CHUNG AH WONG

3rd Plaintiff (original Action)

CHUNG YIN WONG

4th Plaintiff (original Action)

CHUNG MAT WONG

5th Plaintiff (original Action)

CLAUDIA CHUNG YAN WONG

6th Plaintiff (original Action)

PONG LAU LAU

Defendant (original Action)

PONG LAU LAU

Plaintiff (counterclaim)

CHUNG CHUI EVERITT

1st Defendant (counterclaim)

SENTA WONG

2nd Defendant (counterclaim)

JOHNNY CHUNG AH WONG

3rd Defendant (counterclaim)

CHUNG YIN WONG

4th Defendant (counterclaim)

CHUNG MAT WONG

5th Defendant (counterclaim)

CLAUDIA CHUNG YAN WONG

6th Defendant (counterclaim)

Procedural Posture

Probate Action / Judgment (order Pronouncing Will and Granting Probate)

Legal Issues

  1. 1 Whether the will dated 11 August 2000 was duly executed
  2. 2 Whether the deceased had testamentary capacity when making the will
  3. 3 Whether the deceased had knowledge and approved the contents of the will

Ratio Decidendi

Having heard unchallenged evidence from the solicitor, an attesting witness and firm personnel and given the plaintiffs' concession that the legal burden was discharged, the Court concluded the executrix propounded the will satisfactorily and therefore pronounced the will in solemn form of law and granted probate to the executrix.

Court Disposition

Will dated 11 August 2000 pronounced in solemn form of law; probate granted in favour of the defendant (executrix).

Orders

  • Probate of the will dated 11 August 2000 to be issued in favour of the defendant as executrix named in the will.
  • By consent, plaintiffs to pay costs of the action, including the counterclaim, incurred up to and including 12 April 2007 to the defendant, to be taxed if not agreed.