Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Custody of testamentary documents
  • 5 Aug 2011

    HAN YI v. NGAN SHUN WAH AND OTHERS

    Citation
    HAN YI v. NGAN SHUN WAH AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAP8/2008

    On the totality of credible evidence — the deceased had the will in his custody, his relationship with the plaintiff materially deteriorated between 2003 and 2008, witnesses (including maid and children) credibly testified the deceased intended to change his testamentary arrangements, and there is no plausible alternative such as secret custody or third‑party abstraction — the rebuttable presumption that a will missing from the deceased's custody was destroyed by him stands unrebutted; thus the will was revoked by the deceased prior to death and cannot be propounded.