20 Jun 2017
LI WAI CHU AND ANOTHER v. LI WAI LING
- Citation
- LI WAI CHU AND ANOTHER v. LI WAI LING
- Court
- Court of First Instance
- Case number
- HCAP6/2012
Although the second rule in Barry v Butlin was engaged because the defendant materially benefited and participated in obtaining amendments, the defendant adduced cogent contemporaneous and medical evidence (solicitor read and explained the will and recorded instructions; expert evidence showed no impairment sufficing to negate capacity) and thus discharged the affirmative burden; on balance the court was satisfied of due execution, testamentary capacity and knowledge and approval, so the 2nd 2011 Will is valid.