ZHAO LIAN v. CHUNG SHIU CHUN

ZHAO LIAN v. CHUNG SHIU CHUN

The court accepted credible witness testimony of proper execution and contemporaneous medical evidence confirming testamentary capacity and comprehension; no competing later will or persuasive contrary evidence was produced by the Defendant; accordingly the Plaintiff discharged the burden to prove the will's validity and the caveat was vacated and probate granted to the Plaintiff.

Citation
ZHAO LIAN v. CHUNG SHIU CHUN
Parties
Proponent of the Will / Applicant for Probate: Plaintiff; Defendant / Caveator (deceased): Madam Chung; Substituted Defendant (grantee of Probate in Madam Chung's Estate): Mr Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2013
Case Number
HCAP11/2010
Procedural Posture
Probate / Will Validity / Trial and Final Judgment
Outcome
Caveat vacated; will pronounced in solemn form; probate granted to the Plaintiff; Defendant to pay Plaintiff's costs to be taxed if not agreed.
Legal Topics
Validity of Will, Testamentary Capacity, Caveat, Grant of Probate, Substitution of Party
Source Language
EN
Probate Wills Succession Civil Procedure Validity of Will Testamentary Capacity Caveat Grant of Probate +1 more

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Parties

Plaintiff

Proponent of the Will / Applicant for Probate

Madam Chung

Defendant / Caveator (deceased)

Mr Hung

Substituted Defendant (grantee of Probate in Madam Chung's Estate)

Procedural Posture

Probate / Will Validity / Trial and Final Judgment

Legal Issues

  1. 1 Whether the will dated 10 October 2001 was duly executed
  2. 2 Whether the deceased had testamentary capacity when executing the will
  3. 3 Whether the deceased knew and approved the contents of the will

Ratio Decidendi

The court accepted credible witness testimony of proper execution and contemporaneous medical evidence confirming testamentary capacity and comprehension; no competing later will or persuasive contrary evidence was produced by the Defendant; accordingly the Plaintiff discharged the burden to prove the will's validity and the caveat was vacated and probate granted to the Plaintiff.

Court Disposition

Caveat vacated; will pronounced in solemn form; probate granted to the Plaintiff; Defendant to pay Plaintiff's costs to be taxed if not agreed.

Orders

  • Caveat No HCCA 1044/2003 entered by the Defendant in the Probate Registry of the High Court be vacated
  • The court pronounce in solemn form of law for the will of the Deceased dated 10 October 2001