Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fraudulent calumny

  • 27 Mar 2026

    LAU WING KIN v. LEUNG SIU CHING

    Citation
    [2026] HKCFI 1812
    Court
    Court of First Instance
    Case number
    HCAP3/2019

    On the evidence the court found the December 2016 will was validly executed, the Deceased had knowledge and approved its contents and the defendant failed to prove fraudulent calumny or lack of knowledge and approval; although the September 2016 will was procured by undue influence from Auntie, that finding does not revive the September will because the December 2016 will is valid and is therefore pronounced in solemn form.

  • 11 Feb 2025

    YIP SAU CHING v. YIP CHE SHING AND OTHERS

    Citation
    [2025] HKCFI 657
    Court
    Court of First Instance
    Case number
    HCAP31/2018

    The March 2012 will was valid and represented the deceased's testamentary intentions; the defendants failed to raise a real doubt as to testamentary capacity and did not establish lack of knowledge and approval, absence of animus testandi, or fraudulent calumny. The court preferred the plaintiffs' expert evidence (Dr Choi) over the defendants' (Dr Chung), found key witnesses unreliable on many points but accepted essential contemporaneous evidence and solicitor involvement, pronounced the March 2012 will in solemn form, granted probate to Yip Sau Ching and dismissed the counterclaim.