19 Feb 2024
YUAN REXIANG v. LAU CHUN YING, the proving executrix of the estate of LAU FOO KIM, deceased AND ANOTHER
- Citation
- [2024] HKCFI 494
- Court
- Court of First Instance
- Case number
- HCAP2/2021
The appeal is allowed and the Master's order permitting psychiatric expert evidence is set aside because the proposed expert could only offer speculative opinion based on circumstantial records; contemporaneous medical notes provided by the parties allow the court to reach its own conclusions and draw necessary inferences on testamentary capacity without expert assistance; there was no contemporaneous medical evidence of impaired mental state and the proposed evidence lacked probative value and necessity.