Hong Kong Case Law: Decisions & Judgments

Topic

Due execution

Legal area

Court

14 May 2025

CHAN WAI MING v. XIE WEIQIN AND OTHERS

Citation

[2025] HKCA 443
Court

Court of Appeal
Case number

CACV467/2022

The Court of Appeal found that although the trial judge's judgment contained substantial copying from the defendants' submissions and thus could not be relied upon, the appellate court decided the case afresh on the record and evidence; it concluded the defendants proved on the balance of probabilities that the Will was duly executed, the Deceased had testamentary capacity when the Will was prepared and signed (or, alternatively, the Parker v Felgate rule applied), and the Deceased knew and approved the contents of the Will; accordingly the appeal was dismissed and the orders below affirmed.
20 Feb 2025

POON SING WAH v. POON SING NAM

Citation

[2025] HKCFI 720
Court

Court of First Instance
Case number

HCAP15/2021

On the evidence as a whole the Court found the Will was duly executed and the signatures genuine, the deceased had testamentary capacity when the Will was made (solicitor's contemporaneous enquiries and medical records sufficient), there was no evidence of abduction or undue influence, and the defendant failed to discharge his evidential and persuasive burdens; therefore the proponent proved due execution, capacity and knowledge and approval and the Will is valid.
20 Jul 2023

LO KIN KEUNG v. LO KA MING

Citation

[2023] HKCFI 1887
Court

Court of First Instance
Case number

HCAP5/2019

The court found on the balance of probabilities that the Deceased lacked testamentary capacity when he executed the 2018 Will (likely delirium on 4 May 2018 as supported by medical notes and expert psychiatric opinion), therefore the 2018 Will was null and void; conversely the 2015 Will was properly executed, the Deceased had testamentary capacity and knew and approved its contents on 17 September 2015, and hence the 2015 Will is the last will to be given effect.
28 Oct 2022

CHAN WAI MING v. XIE WEIQIN AND OTHERS

Citation

[2022] HKCFI 3327
Court

Court of First Instance
Case number

HCAP8/2016

On the balance of probabilities the Court found the Will was duly executed in accordance with statutory formalities, the Deceased had testamentary capacity when he signed the Will and had knowledge and approval of its contents; the Plaintiff failed to adduce sufficiently cogent evidence of forgery, incapacity or lack of knowledge, therefore the Plaintiff's claim was dismissed and probate granted to the named executrix.
16 Mar 2021

CHAN KING HUNG as executor of the estate of CHAN FOOK LAI, deceased v. CHAN SIU KWAN PAULIE

Citation

[2021] HKCFI 670
Court

Court of First Instance
Case number

HCAP44/2019

The court granted summary judgment pronouncing the Will valid in solemn form because the plaintiff proved due execution, satisfied the burden on testamentary capacity and that the deceased knew and approved the Will on the balance of probabilities, and the defendant failed to addu cease cogent evidence to raise triable issues; non‑compliance with the 'golden rule' did not in itself defeat the application.
1 Feb 2019

TAI PUI SHAN CHRISTABEL DONNA v. HO YEE MING

Citation

[2019] HKCFI 238
Court

Court of First Instance
Case number

HCAP1/2016

On the totality of the evidence and on the balance of probabilities the court found the original will had been revoked by the Deceased prior to his death and therefore dismissed the Plaintiff's claim to set aside the grant of letters of administration.
20 Apr 2018

CHOY PO CHUN AND ANOTHER v. AU WING LUN also known as AU WING LUN WILLIAM

Citation

[2018] HKCA 210
Court

Court of Appeal
Case number

CACV177/2017

The Court allowed the appeal because the trial judge failed to address two essential Banks v Goodfellow criteria (understanding the extent of the property disposed of and comprehension/appreciation of claims to which the testator ought to give effect); on the existing evidence there was no sufficient basis to infer those two criteria were satisfied, so testamentary capacity was not established and the 2008 Will could not be upheld. The 2002 Will was therefore pronounced in solemn form and the propounder’s counterclaim dismissed.
29 Jan 2018

LAU KIN WING KEN AND ANOTHER v. DENG YUJIAO AND ANOTHER

Citation

[2018] HKCFI 121
Court

Court of First Instance
Case number

HCAP21/2013

On the balance of probabilities the Deceased had testamentary capacity when executing the November 2011 Will and knew and approved its contents; accordingly the November Will is valid and probate is to be upheld.
4 Jul 2017

CHOY PO CHUN AND ANOTHER v. AU WING LUN also known as AU WING LUN WILLIAM

Citation

CHOY PO CHUN AND ANOTHER v. AU WING LUN also known as AU WING LUN WILLIAM
Court

Court of First Instance
Case number

HCAP7/2010

Judge accepted direct testimony of the solicitors who prepared, read and witnessed the 2008 will and preferred that evidence to the handwriting expert and to parts of the medical material; on balance of probabilities found the will was executed by the deceased (with assisted signing), that the deceased had testamentary capacity at execution, and that he knew and approved the contents; accordingly the 2008 will was pronounced valid in solemn form and plaintiffs' claim dismissed.
16 Mar 2017

CHOY PO CHUN AND ANOTHER v. AU WING LUN AND ANOTHER

Citation

CHOY PO CHUN AND ANOTHER v. AU WING LUN AND ANOTHER
Court

Court of First Instance
Case number

HCAP7/2010

Because the legal or persuasive burden of proving due execution, testamentary capacity and knowledge and approval of the 2008 will lies on the defendant (William), Order 35 rule 7(6) entitles the defendant to begin and the court directs that William open and his witnesses give evidence first, with the specified sequence of witnesses and closings.