CHAN WAN YEE v. CHAN TO FUN

CHAN WAN YEE v. CHAN TO FUN

The court accepted the unshaken, credible evidence of the attesting witnesses and the propounder, found the testator was correctly identified and had testamentary capacity and knowledge and approval, and held the defects were typographical/clerical only; accordingly the 15 October 2005 will is validly executed and should be admitted to probate.

Citation
CHAN WAN YEE v. CHAN TO FUN
Parties
Plaintiff (sole Executrix and Applicant for Probate): Chan Wan Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2014
Case Number
HCAP2/2012
Procedural Posture
Probate Action / Trial and Judgment on Validity of Will
Outcome
The new will dated 15 October 2005 declared valid and validly executed; grant of probate to the plaintiff; costs ordered against defendant (costs nisi).
Legal Topics
Validity of Will, Execution of Will, Testamentary Capacity, Knowledge and Approval of Contents, Pleadings and Procedure, Costs
Source Language
EN
Probate Law Succession Civil Procedure Evidence Validity of Will Execution of Will Testamentary Capacity Knowledge and Approval of Contents +2 more

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Parties

Chan Wan Yee

Plaintiff (sole Executrix and Applicant for Probate)

Procedural Posture

Probate Action / Trial and Judgment on Validity of Will

Legal Issues

  1. 1 Whether the 15 October 2005 will was validly executed
  2. 2 Whether the testator had testamentary capacity and knew and approved the contents
  3. 3 Whether typographical/clerical errors (Chinese name character, semi-colon, clause numbering, absence of HKID number) vitiate the will

Ratio Decidendi

The court accepted the unshaken, credible evidence of the attesting witnesses and the propounder, found the testator was correctly identified and had testamentary capacity and knowledge and approval, and held the defects were typographical/clerical only; accordingly the 15 October 2005 will is validly executed and should be admitted to probate.

Court Disposition

The new will dated 15 October 2005 declared valid and validly executed; grant of probate to the plaintiff; costs ordered against defendant (costs nisi).

Orders

  • Declare the will dated 15 October 2005 (three pages including back-sheet) valid and validly executed
  • Pronounce the new will in solemn form and grant probate to the plaintiff