13 Apr 2026
P v. D1 AND ANOTHER
- Citation
- [2026] HKDC 560
- Court
- District Court
- Case number
- DCCJ811/2020
The Notice of Severance and the Deed of Gift are void because D1 lacked the mental capacity in September 2018 to understand, retain and weigh information necessary to execute those documents (as established by contemporaneous Hospital Authority records and reliable expert psychiatric evidence). Consequently P's CICT and adverse possession claims fail for lack of evidential basis, particularly absence of detrimental reliance and intention to exclude, and D2's counterclaim founded on validity of the instruments fails. The court has jurisdiction to vacate any registered instruments and directs s…