20 Apr 2018
CHOY PO CHUN AND ANOTHER v. AU WING LUN also known as AU WING LUN WILLIAM
- Citation
- [2018] HKCA 210
- Court
- Court of Appeal
- Case number
- CACV177/2017
The Court allowed the appeal because the trial judge failed to address two essential Banks v Goodfellow criteria (understanding the extent of the property disposed of and comprehension/appreciation of claims to which the testator ought to give effect); on the existing evidence there was no sufficient basis to infer those two criteria were satisfied, so testamentary capacity was not established and the 2008 Will could not be upheld. The 2002 Will was therefore pronounced in solemn form and the propounder’s counterclaim dismissed.