HERMAN ISKANDAR v. BONARDY LEO AND OTHERS

HERMAN ISKANDAR v. BONARDY LEO AND OTHERS

The Court preferred the honest and consistent evidence of the solicitor (Mr Lui) and attesting witness (Miss Neo) and preferred the handwriting expert Mr Davis over the defence experts; the 1st defendant failed to prove forgery to the requisite high degree of probability, therefore the alleged Will was genuine and probate was granted in solemn form.

Citation
HERMAN ISKANDAR v. BONARDY LEO AND OTHERS
Parties
Plaintiff: Herman Iskandar; 1st Defendant: Bonardy Leo; 2nd Defendant: Sariwati Tjandra; 3rd Defendant: Liong Pauliana Lugito
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 1987
Case Number
HCA9/1984
Procedural Posture
Probate / Judgment
Outcome
Decree: Probate of the Will granted in solemn form; Will declared genuine.
Legal Topics
Validity of Will, Forgery Allegation, Handwriting Expert Evidence, Attesting Witnesses, Burden of Proof, Costs
Source Language
EN
Probate Wills Evidence Forensic Document Examination Civil Procedure Validity of Will Forgery Allegation Handwriting Expert Evidence +3 more

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Parties

Herman Iskandar

Plaintiff

Bonardy Leo

1st Defendant

Sariwati Tjandra

2nd Defendant

Liong Pauliana Lugito

3rd Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether the alleged Will was forged
  2. 2 Whether the Will was duly executed (testamentary capacity and knowledge and approval)
  3. 3 Credibility of attesting witnesses and preparer (Mr Lui and Miss Neo)

Ratio Decidendi

The Court preferred the honest and consistent evidence of the solicitor (Mr Lui) and attesting witness (Miss Neo) and preferred the handwriting expert Mr Davis over the defence experts; the 1st defendant failed to prove forgery to the requisite high degree of probability, therefore the alleged Will was genuine and probate was granted in solemn form.

Court Disposition

Decree: Probate of the Will granted in solemn form; Will declared genuine.

Orders

  • Decree probate of the Will in solemn form of law against all defendants.
  • Costs ordered against the 1st defendant (subject to submissions).