LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO AND ANOTHER

LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO AND ANOTHER

On the balance of probabilities the Deceased had testamentary capacity when executing the November 2011 Will and knew and approved its contents; accordingly the November Will is valid and probate is to be upheld.

Citation
[2018] HKCFI 121
Parties
1st Plaintiff: Lau Kin Wing Ken; 2nd Plaintiff: Lau Lai Har; 1st Defendant: Deng Yu Jiao; 2nd Defendant: Lau Chi Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2018
Case Number
HCAP21/2013
Procedural Posture
Wills and Probate Challenge to Grant of Probate / Trial Judgment
Outcome
Plaintiffs' action dismissed; probate of the November 2011 Will pronounced in solemn form for the Defendants; costs awarded to Defendants.
Legal Topics
Testamentary Capacity, Knowledge and Approval of Will, Due Execution, Burden of Proof, Medical Expert Evidence, Appointment of Administrators
Source Language
EN
Wills and Probate Capacity Estate Administration Family Law Evidence Testamentary Capacity Knowledge and Approval of Will Due Execution +3 more

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Parties

Lau Kin Wing Ken

1st Plaintiff

Lau Lai Har

2nd Plaintiff

Deng Yu Jiao

1st Defendant

Lau Chi Lam

2nd Defendant

Procedural Posture

Wills and Probate Challenge to Grant of Probate / Trial Judgment

Legal Issues

  1. 1 Whether the November 2011 Will was executed with requisite testamentary capacity
  2. 2 Whether the Deceased knew and approved the contents of the November 2011 Will
  3. 3 Whether the earlier July 2011 Will was valid if the November Will failed

Ratio Decidendi

On the balance of probabilities the Deceased had testamentary capacity when executing the November 2011 Will and knew and approved its contents; accordingly the November Will is valid and probate is to be upheld.

Court Disposition

Plaintiffs' action dismissed; probate of the November 2011 Will pronounced in solemn form for the Defendants; costs awarded to Defendants.

Orders

  • Dismissal of Plaintiffs' action against the Defendants
  • Probate of the November 2011 Will pronounced in solemn form