CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER

On consolidated assessment of all evidence the court found the 2006 Will to be forged: (1) ESDA/forensic examination proved the 2006 Will had been signed when positioned on top of an unsigned draft and that the questioned signature was written after a crease inconsistent with the attesting witnesses' account; (2) contemporaneous, spontaneous remarks by attesting witnesses and subsequent conversations corroborate that the document executed on 16 October 2006 was a partial Specific Bequest Will, not the 2006 Will; (3) handwriting evidence of Plaintiff (supported by two experts) and credibility findings rejected the defence handwriting opinion; (4) material inconsistencies and withheld...

Citation
CHINACHEM CHARITABLE FOUNDATION LTD v. CHAN CHUN CHUEN AND ANOTHER
Parties
Plaintiff: Plaintiff (charitable organisation); 1st Defendant: 1st Defendant; Interested Party: Secretary for Justice; 3rd Defendant: Wang Din Shin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2010
Case Number
HCAP8/2007
Procedural Posture
Probate Action / Judgment (court of First Instance)
Outcome
Court declared the 2006 Will invalid/forged and upheld the 2002 Will (28 July 2002) as the valid last will; counterclaim dismissed
Legal Topics
Will Validity, Forgery of Testamentary Documents, Testamentary Capacity, Knowledge and Approval, Electrostatic Detection Apparatus (esda) Evidence, Handwriting Expert Evidence, Burden and Standard of Proof in Probate, Fung Shui Will Allegations
Source Language
EN
Probate Wills Forgery Evidence (handwriting and Forensic) Capacity and Medical Evidence Undue Influence Charity Law Will Validity +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Plaintiff (charitable organisation)

Plaintiff

1st Defendant

1st Defendant

Secretary for Justice

Interested Party

Wang Din Shin

3rd Defendant

Procedural Posture

Probate Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2006 Will was executed by Nina Wang
  2. 2 Whether the 2006 Will is the same document as the one attested on 16 October 2006
  3. 3 Whether the 2006 Will was duly executed and attested pursuant to s5(1) Wills Ordinance

Ratio Decidendi

On consolidated assessment of all evidence the court found the 2006 Will to be forged: (1) ESDA/forensic examination proved the 2006 Will had been signed when positioned on top of an unsigned draft and that the questioned signature was written after a crease inconsistent with the attesting witnesses' account; (2) contemporaneous, spontaneous remarks by attesting witnesses and subsequent conversations corroborate that the document executed on 16 October 2006 was a partial Specific Bequest Will, not the 2006 Will; (3) handwriting evidence of Plaintiff (supported by two experts) and credibility findings rejected the defence handwriting opinion; (4) material inconsistencies and withheld...

Court Disposition

Court declared the 2006 Will invalid/forged and upheld the 2002 Will (28 July 2002) as the valid last will; counterclaim dismissed

Orders

  • Declare the alleged 2006 Will (16 October 2006) void and of no effect
  • Pronounce the 2002 Will dated 28 July 2002 to be the last valid will of Nina Wang