RE HU HSIAO SHENG

RE HU HSIAO SHENG

The 2003 document was held not to embody the requisite animus testandi because it operated as an arrangement to repay loans rather than a testamentary disposition; therefore it is not a valid provable will under s.5 and must be disregarded, leaving the 2000 Will as the Deceased's last will and justifying grant of probate to the applicant.

Citation
RE HU HSIAO SHENG
Parties
Applicant/citor: Applicant (widow of Deceased); Deceased: Deceased; Respondent / Rival Applicant: Lee Tin Yuen Kenny; Respondent / Cited Person: Tay Liong Sin; Person Cited: W K To & Co; Person Cited: Philip K H Wong, Kennedy Y H Wong & Co
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2012
Case Number
HCCI2/2012
Procedural Posture
Non‑contentious Probate Application / Ex Parte Application for Grant of Probate Following Citation; Reasons for Judgment
Outcome
Application allowed; probate of the will dated 4 April 2000 granted to the applicant
Legal Topics
Animus Testandi, Execution of Wills, Probate, Non‑contentious Probate Rules Procedure
Source Language
EN
Wills and Probate Civil Procedure Animus Testandi Execution of Wills Probate Non‑contentious Probate Rules Procedure

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Parties

Applicant (widow of Deceased)

Applicant/citor

Deceased

Deceased

Lee Tin Yuen Kenny

Respondent / Rival Applicant

Tay Liong Sin

Respondent / Cited Person

W K To & Co

Person Cited

Philip K H Wong, Kennedy Y H Wong & Co

Person Cited

Procedural Posture

Non‑contentious Probate Application / Ex Parte Application for Grant of Probate Following Citation; Reasons for Judgment

Legal Issues

  1. 1 Whether the 2003 document constitutes the Deceased's valid last will (animus testandi)
  2. 2 Whether the 2003 document can be deemed duly executed under s.5(2) of the Wills Ordinance

Ratio Decidendi

The 2003 document was held not to embody the requisite animus testandi because it operated as an arrangement to repay loans rather than a testamentary disposition; therefore it is not a valid provable will under s.5 and must be disregarded, leaving the 2000 Will as the Deceased's last will and justifying grant of probate to the applicant.

Court Disposition

Application allowed; probate of the will dated 4 April 2000 granted to the applicant

Orders

  • Probate of the will dated 4 April 2000 to be granted to the applicant
  • Attendance of W K To & Co excused