19 Dec 2018
AU WING LUN (區穎麟) also known as AU WING LUN WILLIAM (區穎麟) v. CHOY PO CHUN, AU CHADWICK
- Citation
- [2018] HKCFA 61
- Court
- Court of Final Appeal
- Case number
- FAMV47/2018
Leave to appeal was dismissed because the questions raised were fact-specific rather than issues of law of general or public importance; the Court of Appeal reasonably reversed the trial judge on the ground that the attesting solicitors failed to make adequate inquiries (per accepted guidance and the 'golden rule') to establish the Banks v Goodfellow criteria concerning understanding of the extent of property and appreciation of claims, leaving insufficient evidence that the proponent discharged the burden of proof of testamentary capacity.