28 Feb 2024
LEUNG PUI SZE v. POON CHIU SIM AND OTHERS
- Citation
- [2024] HKCFI 549
- Court
- Court of First Instance
- Case number
- HCAP5/2023
On the undisputed affidavit evidence, including corroborating witness affirmations and the deceased's thumbprint on a handwritten document consistent with an earlier declared intention, the court was satisfied beyond reasonable doubt under s5(2) Wills Ordinance that the document embodied the deceased's testamentary intentions; the deceased had testamentary capacity and knowledge and approval when executing it; the Will therefore is valid despite non-compliance with s5(1); and, because the Will disposed of two substantial assets in favour of the plaintiff, the plaintiff is entitled to be appoi…