TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING

TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING

Court accepted plaintiffs' evidence that the deceased executed the will on 29 August 2011 in the presence of three attesting witnesses, that she had testamentary capacity and knew and approved the contents; the defendant's forgery and incapacity allegations were rejected; consequently the letters of administration granted to the defendant (Grant No.5819 of 2012) were revoked and letters of administration with the will annexed were granted to the plaintiffs; the defendant was ordered to account and to pay estate sums as directed including payment of the net proceeds to the designated beneficiary.

Citation
TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING
Parties
1st Plaintiff: Tsang Tat Hung; 2nd Plaintiff: Tsang Tat Wo; Defendant/administrator: Tsang Tat Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 March 2016
Case Number
HCAP6/2013
Procedural Posture
Probate Action / Judgment (trial)
Outcome
Plaintiffs' claim allowed in full; defendant's counterclaim dismissed
Legal Topics
Validity of Will, Testamentary Capacity, Knowledge and Approval of Will, Forgery Allegation, Revocation of Letters of Administration, Accounting by Administrator
Source Language
EN
Wills and Probate Trusts and Equity Succession Law Civil Procedure Validity of Will Testamentary Capacity Knowledge and Approval of Will Forgery Allegation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tsang Tat Hung

1st Plaintiff

Tsang Tat Wo

2nd Plaintiff

Tsang Tat Wing

Defendant/administrator

Procedural Posture

Probate Action / Judgment (trial)

Legal Issues

  1. 1 Whether the will was duly executed
  2. 2 Whether the testator had testamentary capacity
  3. 3 Whether the testator knew and approved the contents of the will

Ratio Decidendi

Court accepted plaintiffs' evidence that the deceased executed the will on 29 August 2011 in the presence of three attesting witnesses, that she had testamentary capacity and knew and approved the contents; the defendant's forgery and incapacity allegations were rejected; consequently the letters of administration granted to the defendant (Grant No.5819 of 2012) were revoked and letters of administration with the will annexed were granted to the plaintiffs; the defendant was ordered to account and to pay estate sums as directed including payment of the net proceeds to the designated beneficiary.

Court Disposition

Plaintiffs' claim allowed in full; defendant's counterclaim dismissed

Orders

  • Revocation of letters of administration issued to the defendant on 10 July 2012 under Grant No. 5819 of 2012
  • Grant letters of administration to the plaintiffs with the will annexed and pronounce and decree the will