LAM WAI LIK ERIC AND OTHERS v. TAM SUET MUI

LAM WAI LIK ERIC AND OTHERS v. TAM SUET MUI

Court held that the 1999 Will, although accepted as having been executed by the deceased, was invalid because the deceased lacked testamentary capacity as at 13 August 1999; the 2005 Will was invalid because the deceased lacked testamentary capacity and there was insufficient evidence of knowledge and approval (suspicious circumstances as to source of instructions); accordingly the 1987 Will was pronounced valid and the defendant's counterclaim was dismissed.

Citation
[2020] HKCFI 3047
Parties
1st Plaintiff: LAM WAI LIK ERIC; 2nd Plaintiff: LAM CHOI WAI YING; 3rd Plaintiff: LAM KENNETH WAI KIN; Defendant / Propounder: TAM SUET MUI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2020
Case Number
HCAP5/2015
Procedural Posture
Probate / Will Propounding and Counterclaim in Estate Litigation / Judgment After Trial
Outcome
1987 Will (dated 3 September 1987) pronounced valid and admitted to probate; defendant's counterclaim propounding 1999 and 2005 Wills dismissed; probate not granted for 1999 or 2005 Wills
Legal Topics
Testamentary Capacity, Knowledge and Approval, Forgery Allegations, Due Execution of Wills, Revocation of Wills, Costs
Source Language
EN
Wills and Probate Trusts Estate Law Forensic Evidence in Civil Proceedings Testamentary Capacity Knowledge and Approval Forgery Allegations Due Execution of Wills +2 more

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Parties

LAM WAI LIK ERIC

1st Plaintiff

LAM CHOI WAI YING

2nd Plaintiff

LAM KENNETH WAI KIN

3rd Plaintiff

TAM SUET MUI

Defendant / Propounder

Procedural Posture

Probate / Will Propounding and Counterclaim in Estate Litigation / Judgment After Trial

Legal Issues

  1. 1 Whether the 1999 Will was made by the deceased (authenticity of signatures and ink age)
  2. 2 Whether the deceased had testamentary capacity when making the 1999 Will (13 Aug 1999)
  3. 3 Whether the deceased knew and approved the 1999 Will

Ratio Decidendi

Court held that the 1999 Will, although accepted as having been executed by the deceased, was invalid because the deceased lacked testamentary capacity as at 13 August 1999; the 2005 Will was invalid because the deceased lacked testamentary capacity and there was insufficient evidence of knowledge and approval (suspicious circumstances as to source of instructions); accordingly the 1987 Will was pronounced valid and the defendant's counterclaim was dismissed.

Court Disposition

1987 Will (dated 3 September 1987) pronounced valid and admitted to probate; defendant's counterclaim propounding 1999 and 2005 Wills dismissed; probate not granted for 1999 or 2005 Wills

Orders

  • The will made by the Deceased on 3 September 1987 be pronounced in solemn form for its force and validity
  • The counterclaim herein by the defendant be dismissed