ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER

ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER

The court found on the balance of credible witness testimony and corroborating evidence (including DNA) that the will dated 2 February 2005 was prepared and executed by the deceased with testamentary capacity, that the presumption of revocation arising from loss of the original will had been rebutted, and that Chuan-yao is the deceased's natural son; accordingly judgment was entered for the plaintiffs and the estate ordered to be administered in accordance with that will.

Citation
ZHANG RUI HUA AND ANOTHER v. WANG LAN AND ANOTHER
Parties
1st Plaintiff (deceased's Natural Mother): Mdm Zhang; 2nd Plaintiff (deceased's Son): Chuan-yao; 1st Defendant (deceased's Lawfully Wedded Wife): Mdm Wang; 2nd Defendant (claimed Adopted Daughter): Juan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2013
Case Number
HCAP13/2010
Procedural Posture
Probate and Succession (validity of Will, Declarations of Status) / Judgment at Trial (high Court)
Outcome
Judgment entered for the plaintiffs; counterclaim dismissed; estate to be administered according to the will dated 2 February 2005
Legal Topics
Validity of Will, Revocation by Loss, Testamentary Capacity, Adoption, Proof of Parentage (dna), Witness Credibility, Costs
Source Language
EN
Probate Succession Wills Evidence Family Law Validity of Will Revocation by Loss Testamentary Capacity +4 more

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Parties

Mdm Zhang

1st Plaintiff (deceased's Natural Mother)

Chuan-yao

2nd Plaintiff (deceased's Son)

Mdm Wang

1st Defendant (deceased's Lawfully Wedded Wife)

Juan

2nd Defendant (claimed Adopted Daughter)

Procedural Posture

Probate and Succession (validity of Will, Declarations of Status) / Judgment at Trial (high Court)

Legal Issues

  1. 1 Whether the will dated 2 February 2005 was the deceased's valid will
  2. 2 Whether the original will's loss permits an inference of revocation
  3. 3 Whether the deceased had testamentary capacity when executing the will

Ratio Decidendi

The court found on the balance of credible witness testimony and corroborating evidence (including DNA) that the will dated 2 February 2005 was prepared and executed by the deceased with testamentary capacity, that the presumption of revocation arising from loss of the original will had been rebutted, and that Chuan-yao is the deceased's natural son; accordingly judgment was entered for the plaintiffs and the estate ordered to be administered in accordance with that will.

Court Disposition

Judgment entered for the plaintiffs; counterclaim dismissed; estate to be administered according to the will dated 2 February 2005

Orders

  • Judgment for the plaintiffs entered
  • The deceased's estate shall be administered in accordance with the will dated 2 February 2005