CHAN CHUN PUI AND ANOTHER v. FENG CUIXIAN

CHAN CHUN PUI AND ANOTHER v. FENG CUIXIAN

On the balance of probabilities the court found that the deceased possessed the requisite testamentary capacity in May 2002, knew and approved the contents of the 21 May 2002 will, and that the will was duly executed; accordingly the defendant discharged the burden of proof and the plaintiffs' claim was dismissed.

Citation
CHAN CHUN PUI AND ANOTHER v. FENG CUIXIAN
Parties
1st Plaintiff: Chan Chun Pui; 2nd Plaintiff: Chan Woon Kam; Defendant: Defendant; Deceased: Madam Chan Po Chu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2009
Case Number
HCAP13/2007
Procedural Posture
Will Contest / Probate / Judgment (trial Concluded)
Outcome
Plaintiffs' claim dismissed; 21 May 2002 will upheld as valid last will and testament
Legal Topics
Testamentary Capacity, Execution of Wills, Burden of Proof, Medical Expert Evidence, Undue Influence (abandoned)
Source Language
EN
Wills and Probate Testamentary Capacity Succession Law Mental Health Law Execution of Wills Burden of Proof Medical Expert Evidence Undue Influence (abandoned)

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Parties

Chan Chun Pui

1st Plaintiff

Chan Woon Kam

2nd Plaintiff

Defendant

Defendant

Madam Chan Po Chu

Deceased

Procedural Posture

Will Contest / Probate / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the deceased had testamentary capacity when executing the 21 May 2002 will
  2. 2 Whether the deceased knew and approved the contents of the 2002 will
  3. 3 Whether the 2002 will was duly executed and valid

Ratio Decidendi

On the balance of probabilities the court found that the deceased possessed the requisite testamentary capacity in May 2002, knew and approved the contents of the 21 May 2002 will, and that the will was duly executed; accordingly the defendant discharged the burden of proof and the plaintiffs' claim was dismissed.

Court Disposition

Plaintiffs' claim dismissed; 21 May 2002 will upheld as valid last will and testament

Orders

  • The court pronounces the last will and testament dated 21 May 2002 of Madam Chan Po Chu valid and of full force
  • The plaintiffs' claim is dismissed