30 Dec 2011
LAU CHI YING v. LAU WAI KEUNG
- Citation
- LAU CHI YING v. LAU WAI KEUNG
- Court
- Court of First Instance
- Case number
- HCAP2/2009
The will was declared invalid because the defendant, as propounder and principal beneficiary, failed to prove on the balance of probabilities that the deceased had testamentary capacity and that the will was duly executed and represented her true intentions: the Cantonese translation was inaccurate or unproven, there was no medical approval despite warning signs of mental disorder, a key attesting solicitor witness and client file were not produced, and suspicious circumstances arising from the defendant's conduct (per Barry v. Butlin) were not dispelled.