4 Jan 2018
Because the defendants accept the alleged will is void by Deed of Settlement and the evidence supports the plaintiff's entitlement, the court grants letters of administration to the plaintiff; the declaration was refused as unnecessary and no order as to costs was made except that the plaintiff's costs be taxed under legal aid regulations.
13 May 2016
No issue estoppel arose because the earlier decision merely recorded that no order was made and did not necessarily decide jurisdiction; the court has jurisdiction under s43(1) and RHC Ord 24 r 7A(5) to require non-party affidavits and production; the requested documents were relevant and likely in non-parties' possession and disclosure was necessary for a fair disposal given missing records from other sources, therefore disclosure and production orders were appropriate.
19 Aug 2014
On the balance of probabilities the court accepted factual evidence and expert analysis that the testator was suffering from at least moderate Alzheimers/dementia in September 2005 and therefore lacked the requisite testamentary capacity and knowledge and approval of the Will; accordingly the Will was invalid, the deceased died intestate and the plaintiff was entitled to letters of administration; counterclaim for probate dismissed.
30 Oct 2012
The 2003 document was held not to embody the requisite animus testandi because it operated as an arrangement to repay loans rather than a testamentary disposition; therefore it is not a valid provable will under s.5 and must be disregarded, leaving the 2000 Will as the Deceased's last will and justifying grant of probate to the applicant.
14 Jul 2011
Order 14 is applicable to probate proceedings; the Defendant established an arguable defence on execution of the 2008 Will but failed to demonstrate a credible defence on testamentary capacity in the face of multiple medical reports, hospital records and corroborated episodes of dementia; accordingly conditional leave to defend under Order 14 rule 4 was granted only upon payment of security of HKD 500,000 within one month, failing which the Defendant's defence would be struck out, judgment for the Plaintiffs entered in specified terms and paragraph 13(a) of the Defendant's counterclaim struck…
24 Jul 2009
On the balance of probabilities the court found that the deceased possessed the requisite testamentary capacity in May 2002, knew and approved the contents of the 21 May 2002 will, and that the will was duly executed; accordingly the defendant discharged the burden of proof and the plaintiffs' claim was dismissed.
16 Apr 1985
On the balance of probabilities the defendants failed to prove the Chinese will dated 20 August 1980 was duly executed: the hearsay evidence attributed to Madam Tam was rejected as unreliable; Professor Lai's calligraphic 'recognition' method was rejected as unscientific; orthodox forensic examination by an experienced document expert established the questioned signature was a simulated forgery; accordingly the counterclaim for probate of the Chinese will is dismissed.