LI YAN HUN formerly known as LI YAU FOON v. LI YAU CHUN AND OTHERS

LI YAN HUN formerly known as LI YAU FOON v. LI YAU CHUN AND OTHERS

The plaintiff established the validity of the 14 August 2001 Will by unchallenged evidence showing due execution and attestation and no contrary evidence of testamentary incapacity or lack of intention; accordingly probate is granted and costs are awarded against the defendants whose unexplained and unreasonable conduct in filing appearances to warning without following through justified party-and-party taxation of costs.

Citation
LI YAN HUN formerly known as LI YAU FOON v. LI YAU CHUN AND OTHERS
Parties
Plaintiff / Executrix: LI YAN HUN (李仁杏) formerly known as LI YAU FOON (李有歡); 1st Defendant: LI YAU CHUN (李有珍); 2nd Defendant: LI MEI HO (李美好); 3rd Defendant: LI YAU LIN (李有蓮); 4th Defendant: LI LO KAM (李露金); 5th Defendant (discontinued): LEE, ERIC LO WO (李路和); 6th Defendant: LI WAI SING (李偉成)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2016
Case Number
HCAP25/2015
Procedural Posture
Probate Action / Judgment After Trial on Affidavit Evidence
Outcome
Probate granted to the plaintiff as executrix; costs awarded against the 1st, 2nd, 3rd, 4th and 6th defendants to be taxed on a party-and-party basis.
Legal Topics
Validity of Will, Execution and Attestation, Testamentary Capacity, Caveat and Probate Registry Procedure, Costs and Party Conduct
Source Language
EN
Probate Wills and Estates Civil Procedure Validity of Will Execution and Attestation Testamentary Capacity Caveat and Probate Registry Procedure Costs and Party Conduct

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Parties

LI YAN HUN (李仁杏) formerly known as LI YAU FOON (李有歡)

Plaintiff / Executrix

LI YAU CHUN (李有珍)

1st Defendant

LI MEI HO (李美好)

2nd Defendant

LI YAU LIN (李有蓮)

3rd Defendant

LI LO KAM (李露金)

4th Defendant

LEE, ERIC LO WO (李路和)

5th Defendant (discontinued)

LI WAI SING (李偉成)

6th Defendant

Procedural Posture

Probate Action / Judgment After Trial on Affidavit Evidence

Legal Issues

  1. 1 Whether the Last Will dated 14 August 2001 is valid and should be proved
  2. 2 Whether the Deceased had testamentary capacity and intention when making the Will
  3. 3 Whether the Will was duly executed and attested

Ratio Decidendi

The plaintiff established the validity of the 14 August 2001 Will by unchallenged evidence showing due execution and attestation and no contrary evidence of testamentary incapacity or lack of intention; accordingly probate is granted and costs are awarded against the defendants whose unexplained and unreasonable conduct in filing appearances to warning without following through justified party-and-party taxation of costs.

Court Disposition

Probate granted to the plaintiff as executrix; costs awarded against the 1st, 2nd, 3rd, 4th and 6th defendants to be taxed on a party-and-party basis.

Orders

  • Probate of the Last Will dated 14 August 2001 granted to the plaintiff as executrix.
  • Costs of the action to be paid by the 1st, 2nd, 3rd, 4th and 6th defendants to the plaintiff, to be taxed on a party-and-party basis.