WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER

WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER

On the balance of probabilities the court found the Chinese document was made by the Deceased with testamentary intention, the disputed signature and envelope characters were sufficiently genuine in the context of all evidence and credibility findings, and accordingly probate of the Chinese document was decreed in solemn form; letters of administration with the will annexed were ordered to be obtained and costs ordered nisi to be paid from the estate.

Citation
WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER
Parties
1st Plaintiff: Wong Oi King; 2nd Plaintiff: So Nim Cho Derek; 1st Defendant: Lai Lok Yee Catherine; 2nd Defendant: Lai Ho Pak
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 August 2002
Case Number
HCAP1/2000
Procedural Posture
Probate Action / Judgment (trial Concluded)
Outcome
Probate of the Chinese document decreed in solemn form
Legal Topics
Validity of Will, Testamentary Intention (animus Testandi), Attestation and Witnessing, Handwriting Expert Evidence, Knowledge and Approval of Testamentary Document, Probate in Solemn Form, Letters of Administration, Hearsay Evidence
Source Language
EN
Probate Succession Wills and Estates Evidence Validity of Will Testamentary Intention (animus Testandi) Attestation and Witnessing Handwriting Expert Evidence +4 more

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Parties

Wong Oi King

1st Plaintiff

So Nim Cho Derek

2nd Plaintiff

Lai Lok Yee Catherine

1st Defendant

Lai Ho Pak

2nd Defendant

Procedural Posture

Probate Action / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the Chinese document constituted the last will of the Deceased
  2. 2 Whether the Deceased had testamentary intention (animo testandi) when the document was made
  3. 3 Whether the disputed signature and handwriting were genuine or simulated

Ratio Decidendi

On the balance of probabilities the court found the Chinese document was made by the Deceased with testamentary intention, the disputed signature and envelope characters were sufficiently genuine in the context of all evidence and credibility findings, and accordingly probate of the Chinese document was decreed in solemn form; letters of administration with the will annexed were ordered to be obtained and costs ordered nisi to be paid from the estate.

Court Disposition

Probate of the Chinese document decreed in solemn form

Orders

  • Decree probate of the Chinese document in solemn form
  • Letters of administration with the Chinese document annexed to be obtained (no executor named)