18 Mar 2022
LEUNG SZE SUM CINDY AND ANOTHER v. AU LAP YAN AND ANOTHER
- Citation
- [2022] HKCFI 793
- Court
- Court of First Instance
- Case number
- HCAP7/2017
The copy of the will showing a full attestation clause and signatures of the testator and two attesting witnesses engaged a strong presumption of due execution which was not rebutted; the presumption of revocation arising from the original being missing was rebutted on the balance of probabilities and, alternatively, a counter-presumption applied because medical evidence established the deceased lacked testamentary capacity from 2009 until death, so the will was not revoked. Therefore the will is proved and pronounced in solemn form of law based on the copy.