16 Sept 2005
NINA KUNG v. WANG DIN SHIN
- Citation
- NINA KUNG v. WANG DIN SHIN
- Court
- Court of Final Appeal
- Case number
- FACV12/2004
On a consolidated evaluation the handwriting evidence was inconclusive and the direct evidence of the attesting witness (Mr Tse) and the appellant's affirmations of provenance were sufficiently cogent on the balance of probabilities; the lower courts erred by imposing a duty on the proponent to dispel speculative suspicious circumstances and by over‑relying on contested expert opinion; accordingly the 1990 document is admitted to probate as the deceased's last will.