18 Jan 2019
The court was satisfied under s 5(2) of the Wills Ordinance that there could be no reasonable doubt the two documents embodied the deceased's testamentary intentions, therefore both were deemed duly executed; insofar as they were inconsistent Document A prevailed; probate was accordingly granted to the plaintiff.
20 Jun 2017
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.
9 Jun 2017
Unchallenged credible witness evidence proved due execution and testamentary capacity and affirmative evidence showed knowledge and approval; the alleged beneficiary involvement did not attract the Barry v Butlin vigilance test and the defendant failed to particularise or provide evidence of undue influence, so no triable issue exists and summary judgment granting probate and striking out the counterclaim is appropriate and costs follow the event.
9 Aug 1983
The Court accepted the solicitors evidence that the 1970 will was validly executed and the deceased had testamentary capacity, rejected the defendants evidence as insufficient to establish execution of the 1980 draft or the authenticity of the 1981 codicil, and held that the defendants failed to discharge the burden on them to prove a later will; therefore the 1970 will was the last valid will and was proved in solemn form.