14 Nov 2023
LAM WAI LIK ERIC AND OTHERS v. TAM SUET MUI
- Citation
- [2023] HKCA 1289
- Court
- Court of Appeal
- Case number
- CACV10/2021
The court dismissed the appeal and upheld the High Court judge's finding that the 1999 Will was invalid for lack of testamentary capacity: contemporaneous medical evidence (post-stroke cognitive impairment, inability to perform Serial 7 test, treating physician's disability assessments and prognosis) displaced the presumption of capacity and, combined with failure to provide for dependent sons and the solicitor's failure to test Banks v Goodfellow criteria, demonstrated the testator lacked capacity and knowledge and approval; the 1987 Will was proved in solemn form because it was regular on i…