LAM PING v. ZI YAN LU

LAM PING v. ZI YAN LU

The court was satisfied beyond reasonable doubt under s5(2) that the 2002 Will embodies the Deceased's testamentary intentions because of coherent explanatory evidence and credible attesting witness testimony, the Defendant failed to discharge the evidential burden to show forgery or invalidity, and therefore the...

Source-derived case information.

Citation
LAM PING v. ZI YAN LU
Parties
Plaintiff: Plaintiff; Defendant: ZI YAN LU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 March 2010
Case Number
HCAP13/2004
Procedural Posture
Probate Claim / Judgment After Trial
Outcome
2002 Will pronounced valid and given force and validity in solemn form; caveat vacated
Legal Topics
Validity of Will, Authenticity/forgery Challenge, Testamentary Capacity, Execution Formalities (s5), Burden of Proof, Costs and Caveat
Source Language
en
Probate Wills and Succession Evidence Civil Procedure Validity of Will Authenticity/forgery Challenge Testamentary Capacity Execution Formalities (s5) +2 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

ZI YAN LU

Defendant

Procedural Posture

Probate Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the 2002 document is a valid will
  2. 2 Whether the 2002 Will was duly executed given only one attesting witness
  3. 3 Whether the 2002 Will is authentic or forged

Ratio Decidendi

The court was satisfied beyond reasonable doubt under s5(2) that the 2002 Will embodies the Deceased's testamentary intentions because of coherent explanatory evidence and credible attesting witness testimony, the Defendant failed to discharge the evidential burden to show forgery or invalidity, and therefore the 2002 Will is valid despite non-compliance with s5(1).

Court Disposition

2002 Will pronounced valid and given force and validity in solemn form; caveat vacated

Orders

  • The caveat filed by the Defendant is vacated
  • Plaintiff to apply to the Probate Registry for grant of letters of administration and comply with usual requirements including minority interests