RE CVB

RE CVB

The judge found on medical evidence that CVB lacked testamentary capacity (s10B(4)), applied s10A and s10B and the established Hong Kong authorities adopting a substituted judgment approach tempered by best interests, and concluded that a statutory will should be authorised because it was in CVBs best interests to prevent her substantial estate passing to the government and to provide, rationally and proportionately, for the 11th aunt and specified siblings/issues of the 12th uncle; accordingly the court authorised the committee to execute the statutory will containing the proposed terms and ordered costs out of the estate.

Citation
[2025] HKCFI 4647
Parties
Mentally Incapacitated Person: CVB; Committee of the Estate (applicants): A, B and C (committee of estate); Official Solicitor (assisting/intervenor): Official Solicitor; Not Participating But Notified: Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2025
Case Number
HCMH11/2022
Procedural Posture
Application for Statutory Will Under Mental Health Ordinance / Hearing and Decision on Summons (reasons for Decision)
Outcome
Application granted
Legal Topics
Statutory Will, Testamentary Capacity, Best Interests, Substituted Judgment, Distribution of Estate, Costs
Source Language
EN
Mental Health Wills and Probate Succession Intestacy Statutory Will Testamentary Capacity Best Interests Substituted Judgment +2 more

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Parties

CVB

Mentally Incapacitated Person

A, B and C (committee of estate)

Committee of the Estate (applicants)

Official Solicitor

Official Solicitor (assisting/intervenor)

Secretary for Justice

Not Participating But Notified

Procedural Posture

Application for Statutory Will Under Mental Health Ordinance / Hearing and Decision on Summons (reasons for Decision)

Legal Issues

  1. 1 Whether the court should order execution for the mentally incapacitated person of a statutory will under s10B
  2. 2 Whether the statutory will should contain the provisions proposed by the committee
  3. 3 If not, what provisions should the statutory will contain

Ratio Decidendi

The judge found on medical evidence that CVB lacked testamentary capacity (s10B(4)), applied s10A and s10B and the established Hong Kong authorities adopting a substituted judgment approach tempered by best interests, and concluded that a statutory will should be authorised because it was in CVBs best interests to prevent her substantial estate passing to the government and to provide, rationally and proportionately, for the 11th aunt and specified siblings/issues of the 12th uncle; accordingly the court authorised the committee to execute the statutory will containing the proposed terms and ordered costs out of the estate.

Court Disposition

Application granted

Orders

  • Committee authorised to execute a statutory will for CVB
  • Statutory will to appoint the committee as executors