Hong Kong Case Law: Decisions & Judgments

Topic

Due execution of will

Legal area

Court

24 Dec 2024

TSO TAK LEE v. TSO CHUI YAN ADMINISTRATRIX OF THE ESTATE OF KAM YUK FUNG, DECEASED AND ANOTHER

Citation

[2024] HKCFI 1795
Court

Court of First Instance
Case number

HCAP29/2012

On the evidence as a whole the proponent discharged the persuasive burden: the will was duly executed and, notwithstanding the diagnosis of delusional (paranoid) disorder, the court was satisfied the testator possessed sufficient testamentary capacity and knew and approved the contents at the relevant time; the defendant's challenge and the purported agreement failed and did not invalidate the will.
11 Apr 2019

CHU PONG YUEN v. LEE YUET MEI

Citation

[2019] HKCFI 925
Court

Court of First Instance
Case number

HCAP19/2017

The court refused to make consent orders because the applicants failed to adduce any evidence proving the due execution and validity of the two wills and there were unexplained, material facts that required examination; the court will not revoke grants or grant probate by mere consent without satisfactory evidence and was not prepared to try the matters on affidavit evidence.
11 May 2017

TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING

Citation

TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING
Court

Court of Appeal
Case number

CACV93/2016

The Court held the Will was duly executed, the Deceased had testamentary capacity and knew and approved the Will immediately before signing, and on the evidence a fully secret trust was established such that the 1st plaintiff held his share as trustee for the 2nd plaintiff; therefore the appellant's challenges failed and the appeal was dismissed.
10 May 2007

CHUNG CHUI EVERITT AND OTHERS v. PONG LAU LAU

Citation

CHUNG CHUI EVERITT AND OTHERS v. PONG LAU LAU
Court

Court of First Instance
Case number

HCAP1/2003

Having heard unchallenged evidence from the solicitor, an attesting witness and firm personnel and given the plaintiffs' concession that the legal burden was discharged, the Court concluded the executrix propounded the will satisfactorily and therefore pronounced the will in solemn form of law and granted probate to the executrix.

Hong Kong Case Law

TSO TAK LEE v. TSO CHUI YAN ADMINISTRATRIX OF THE ESTATE OF KAM YUK FUNG, DECEASED AND ANOTHER

CHU PONG YUEN v. LEE YUET MEI

TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING

CHUNG CHUI EVERITT AND OTHERS v. PONG LAU LAU