TAO SHEN JONG v. YUNG SAU LAN SHIRLEY

TAO SHEN JONG v. YUNG SAU LAN SHIRLEY

The court found due execution established by unchallenged witnesses; on the balance of probabilities the testator had testamentary capacity based on consistent evidence from solicitors and attorneys and corroborating medical and neuropsychological reports; although suspicious circumstances existed because the plaintiff benefited and was involved, affirmative evidence demonstrated the testator knew and approved the will; accordingly probate in solemn form was granted and the caveat vacated.

Citation
TAO SHEN JONG v. YUNG SAU LAN SHIRLEY
Parties
Executor and Sole Residuary Beneficiary (plaintiff): Andy Tao; Widow and Caveator (defendant): Ms Yung; Deceased Testator: Mr Tao Hiu Ming; Beneficiary (elder Son): Tony Tao
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 2014
Case Number
HCAP10/2010
Procedural Posture
Probate Action / Judgment at First Instance
Outcome
Probate in solemn form granted for will dated 8 November 2007; caveat vacated; no order as to costs (costs order nisi).
Legal Topics
Testamentary Capacity, Due Execution of Wills, Knowledge and Approval of Will Contents, Burden of Proof in Probate, Suspicious Circumstances / Barry V Butlin, Costs in Probate Actions
Source Language
EN
Probate Wills and Estates Civil Procedure Mental Capacity Testamentary Capacity Due Execution of Wills Knowledge and Approval of Will Contents Burden of Proof in Probate +2 more

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Parties

Andy Tao

Executor and Sole Residuary Beneficiary (plaintiff)

Ms Yung

Widow and Caveator (defendant)

Mr Tao Hiu Ming

Deceased Testator

Tony Tao

Beneficiary (elder Son)

Procedural Posture

Probate Action / Judgment at First Instance

Legal Issues

  1. 1 Whether the will dated 8 November 2007 was duly executed
  2. 2 Whether the testator had testamentary capacity when executing the will
  3. 3 Whether the testator knew and approved the contents of the will in circumstances raising suspicion

Ratio Decidendi

The court found due execution established by unchallenged witnesses; on the balance of probabilities the testator had testamentary capacity based on consistent evidence from solicitors and attorneys and corroborating medical and neuropsychological reports; although suspicious circumstances existed because the plaintiff benefited and was involved, affirmative evidence demonstrated the testator knew and approved the will; accordingly probate in solemn form was granted and the caveat vacated.

Court Disposition

Probate in solemn form granted for will dated 8 November 2007; caveat vacated; no order as to costs (costs order nisi).

Orders

  • Pronounce and decree probate in solemn form for the last will of Mr Tao Hiu Ming dated 8 November 2007
  • Vacate the caveat entered by the defendant in HCCA 2059 of 2009