CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

On the balance of probabilities the deceased lacked testamentary capacity on 3 December 2004, did not know and approve the contents of the 2004 Will, and the circumstances surrounding its preparation and execution were highly suspicious; accordingly the 2004 Will was not pronounced and the 1973 Will and 1974 Codicil were pronounced in solemn form.

Citation
[2025] HKCFI 1401
Parties
Original Plaintiff and Named Executor (deceased): CHEUNG TING KAU, VINCENT; Plaintiff (alternative Executrix): CHOW PUI WA, CAROL; Plaintiff (alternative Executrix): FUNG WAN YIU, AGNES; 1st Defendant: KOO SIU YING; 2nd Defendant: LING MENG CHU, PEARL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2025
Case Number
HCAP4/2011
Procedural Posture
Probate Action / Judgment (trial Concluded)
Outcome
Plaintiffs' claims dismissed; 2004 Will not pronounced; 1973 Will and 1974 Codicil pronounced in solemn form as the true last will and codicil of the deceased
Legal Topics
Testamentary Capacity, Undue Influence, Knowledge and Approval of Will, Pronouncement in Solemn Form, Failure to Comply With Solicitors' Duties (golden Rule)
Source Language
EN
Wills and Probate Capacity and Mental Health Estate Litigation Family and Succession Disputes Testamentary Capacity Undue Influence Knowledge and Approval of Will Pronouncement in Solemn Form +1 more

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Parties

CHEUNG TING KAU, VINCENT

Original Plaintiff and Named Executor (deceased)

CHOW PUI WA, CAROL

Plaintiff (alternative Executrix)

FUNG WAN YIU, AGNES

Plaintiff (alternative Executrix)

KOO SIU YING

1st Defendant

LING MENG CHU, PEARL

2nd Defendant

Procedural Posture

Probate Action / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the deceased had testamentary capacity when executing the 3 December 2004 will
  2. 2 Whether the 2004 will was procured by undue influence
  3. 3 Whether the deceased knew and approved the contents of the 2004 will

Ratio Decidendi

On the balance of probabilities the deceased lacked testamentary capacity on 3 December 2004, did not know and approve the contents of the 2004 Will, and the circumstances surrounding its preparation and execution were highly suspicious; accordingly the 2004 Will was not pronounced and the 1973 Will and 1974 Codicil were pronounced in solemn form.

Court Disposition

Plaintiffs' claims dismissed; 2004 Will not pronounced; 1973 Will and 1974 Codicil pronounced in solemn form as the true last will and codicil of the deceased

Orders

  • Dismiss the plaintiffs' claims and pronounce in solemn form the 1973 Will and the 1974 Codicil of Lim Por Yen dated 2 February 1973 and 20 January 1974
  • Costs to be paid by the plaintiffs to the defendants, to be taxed if not agreed, certificate for two counsel