LAU MO CHOI AND ANOTHER v. LAU MUK FAT

LAU MO CHOI AND ANOTHER v. LAU MUK FAT

The summons to adduce the late-disclosed documents is dismissed: the plaintiffs failed to provide a credible explanation for a c.2.5 year delay; the specific parts of the Needs and Re-Assessment Reports have low and uncertain probative value (uncertain assessor qualifications and vague entries); the delay and marginal probative value cause unfair prejudice and disruption to trial preparation; accordingly the court exercised its discretion to exclude the documents and ordered costs against the plaintiffs with summary assessment.

Citation
[2026] HKCFI 2999
Parties
Applicants: Plaintiffs (executors under 2004 Will); Respondent: Defendant (sole executor under 2017 Will); Deceased: Lau Ping (Deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2026
Case Number
HCAP13/2023
Procedural Posture
Probate and Succession Dispute (will Validity) / Pre Trial Review – Application for Leave to Adduce Late Documents (summons Heard at Ptr)
Outcome
Summons dismissed
Legal Topics
Will Validity, Capacity to Make a Will, Late Disclosure of Documents, Admissibility and Probative Value of Assessment Reports, Costs and Summary Assessment
Source Language
EN
Probate Civil Procedure Evidence Will Validity Capacity to Make a Will Late Disclosure of Documents Admissibility and Probative Value of Assessment Reports Costs and Summary Assessment

Case Brief

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Parties

Plaintiffs (executors under 2004 Will)

Applicants

Defendant (sole executor under 2017 Will)

Respondent

Lau Ping (Deceased)

Deceased

Procedural Posture

Probate and Succession Dispute (will Validity) / Pre Trial Review – Application for Leave to Adduce Late Documents (summons Heard at Ptr)

Legal Issues

  1. 1 Whether the plaintiffs should be permitted to adduce 125 pages of late-disclosed documents obtained in 2016/2017 and disclosed in 2026
  2. 2 Whether the plaintiffs have given a satisfactory explanation for a delay of approximately 2.5 years
  3. 3 Whether the disclosed Needs Assessment and Re-Assessment Reports have sufficient probative value and proper provenance to affect the trial

Ratio Decidendi

The summons to adduce the late-disclosed documents is dismissed: the plaintiffs failed to provide a credible explanation for a c.2.5 year delay; the specific parts of the Needs and Re-Assessment Reports have low and uncertain probative value (uncertain assessor qualifications and vague entries); the delay and marginal probative value cause unfair prejudice and disruption to trial preparation; accordingly the court exercised its discretion to exclude the documents and ordered costs against the plaintiffs with summary assessment.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Plaintiffs to bear the costs of the Summons