15 Sept 2020
CHEN YUE JIA JAMES v. CHEN MARIA (also known as MARIA CHEN FANG and MARIA FANG)
- Citation
- [2020] HKCFI 2410
- Court
- Court of First Instance
- Case number
- HCAP15/2013
On the balance of probabilities the court found that the 1992 will was valid (properly prepared, explained and executed) and that the 1999 and 2001 wills were executed by a testator with sufficient testamentary capacity; non-compliance with the golden rule by the attesting solicitor (John Ku) did not invalidate the Last 3 Wills given the totality of factual evidence. The 2004 will was treated with caution because of deterioration and poorer MMSE results and was not propounded. The 2001 Will was propounded as the last valid will; alternatively 1999 or 1992 would be propounded if necessary.