黎大喜 對 梁秀剪

黎大喜 對 梁秀剪

The will satisfied the formal statutory requirements under Cap.30 s5, the witnessing solicitor's testimony established execution and the deceased's knowledge and approval, and the defendant failed to adduce the strong evidence required to prove forgery or collusion; therefore the document is a valid will.

Source-derived case information.

Citation
[2020] HKCFI 627
Parties
Plaintiff: Lai Tai Hei (黎大喜); Defendant: Liang Xiujian (梁秀剪)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2020
Case Number
HCAP5/2018
Procedural Posture
Probate / Judgment
Outcome
Application granted; the will declared valid
Legal Topics
Will Validity, Forgery Allegation, Burden of Proof, Testamentary Capacity, Witness Evidence
Source Language
ch
Succession Probate Civil Evidence Civil Procedure Will Validity Forgery Allegation Burden of Proof Testamentary Capacity +1 more

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Parties

Lai Tai Hei (黎大喜)

Plaintiff

Liang Xiujian (梁秀剪)

Defendant

Procedural Posture

Probate / Judgment

  1. 1 Whether the document is the deceased's valid will under Wills Ordinance (Cap.30) s5
  2. 2 Whether the will was forged or procured by conspiracy
  3. 3 Whether testamentary capacity and knowledge and approval were established

Ratio Decidendi

The will satisfied the formal statutory requirements under Cap.30 s5, the witnessing solicitor's testimony established execution and the deceased's knowledge and approval, and the defendant failed to adduce the strong evidence required to prove forgery or collusion; therefore the document is a valid will.

Court Disposition

Application granted; the will declared valid

Orders

  • The will is declared to be the valid will of the deceased
  • No order as to costs; each party to bear their own costs