HSU NGAI YUEN v. CHEUNG MEI LAN WENDY also known as ZHANG HUAXUAN AND OTHERS

HSU NGAI YUEN v. CHEUNG MEI LAN WENDY also known as ZHANG HUAXUAN AND OTHERS

On the evidence the court was satisfied the Alleged Will reflects the deceased's testamentary intention and is the document he wrote; the Son's evidence was credible and corroborative, the homemade nature did not vitiate testamentary intention, and Cheung's objections about authorship, format differences and the disclosure provision did not create reasonable doubt; accordingly the Alleged Will is admitted to probate.

Citation
[2023] HKCFI 909
Parties
Deceased: HSU CHIN YIN; Proponent/applicant: The Son (proponent); Interested Parties/applicants: The Daughters; Respondent/surviving Spouse: Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 March 2023
Case Number
HCAP39/2019
Procedural Posture
Probate Action / Judgment (trial on Validity of Alleged Will)
Outcome
The Alleged Will admitted to probate; probate granted to the proponent
Legal Topics
Testamentary Intention, Authenticity of Will, Homemade Will, Presumption Against Intestacy, Burden of Proof
Source Language
EN
Probate Wills and Succession Family Law Evidence Testamentary Intention Authenticity of Will Homemade Will Presumption Against Intestacy +1 more

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Parties

HSU CHIN YIN

Deceased

The Son (proponent)

Proponent/applicant

The Daughters

Interested Parties/applicants

Cheung

Respondent/surviving Spouse

Procedural Posture

Probate Action / Judgment (trial on Validity of Alleged Will)

Legal Issues

  1. 1 Whether the Alleged Will was created and signed by the deceased and embodies his testamentary intention
  2. 2 Whether the homemade form and a disclosure provision defeat testamentary intent
  3. 3 Which version of the document (Home or Ngai) is propounded and whether differences affect validity

Ratio Decidendi

On the evidence the court was satisfied the Alleged Will reflects the deceased's testamentary intention and is the document he wrote; the Son's evidence was credible and corroborative, the homemade nature did not vitiate testamentary intention, and Cheung's objections about authorship, format differences and the disclosure provision did not create reasonable doubt; accordingly the Alleged Will is admitted to probate.

Court Disposition

The Alleged Will admitted to probate; probate granted to the proponent

Orders

  • Admit the Alleged Will to probate and grant probate to the Son as proponent in respect of the estate of HSU CHIN YIN
  • Costs to the successful party to be agreed or taxed if not agreed