CHAN WAI MING v. XIE WEIQIN AND OTHERS

Parties

Procedural Posture

Probate Action / Interlocutory Application (inspection and Discovery)

Legal Issues

1. 1 Whether the original will should be released for inspection by a handwriting expert
2. 2 Whether a single joint handwriting expert should be appointed at this interlocutory stage
3. 3 Whether discovery of specified documents should be ordered and whether such discovery is premature or too wide

Ratio Decidendi

The court ordered inspection of the original Will in the Probate Registry by a handwriting expert under s73 Cap.10 and Order 76 r5 because the signature is relevant to the pleaded denial of execution; the appointment of a single joint expert for trial evidence was inappropriate at this interlocutory stage; discovery of the listed title deeds was ordered as they are readily obtainable and necessary to provide sufficient handwriting samples; the first defendant was held in default of a consent Unless Order and ordered to bear costs, including a specified payment of HKD 200,000 to the plaintiff.

Court Disposition

Summons granted in material respects: original Will to be inspected in the Probate Registry by a handwriting expert; discovery of the documents listed in the summons ordered; single joint expert not directed at this interlocutory stage; first defendant to pay costs including HKD 200,000 to the plaintiff; second Case...

Orders

• Original Will (dated 5 February 2015) to be inspected in the Probate Registry by a handwriting expert in accordance with s73 Probate and Administration Ordinance Cap.10 and subject to Order 76 r5 RHC and directions of the Probate Registry/Probate Master
• Discovery ordered of the documents listed in the schedule to the summons (chiefly title deeds and one medical note) for inspection by the handwriting expert