13 Oct 2023
CHAN KING HUNG as executor of the estate of CHAN FOOK LAI, deceased v. CHAN SIU KWAN PAULIE
- Citation
- [2023] HKCA 1177
- Court
- Court of Appeal
- Case number
- CACV159/2021
Defendant failed to particularise or support allegations of dementia or incapacity and produced no cogent medical or factual evidence to create a triable issue; the plaintiff's contemporaneous solicitor evidence, medical report noting intact cognitive function in January 2008, the testator's prior written intentions and post-execution transactions collectively proved on balance of probabilities that the testator had testamentary capacity and knew and approved the will; absence of medical witnesses (golden rule) did not, on these facts, preclude summary judgment; the counterclaim did not raise…