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presumption that a will missing from the deceased's custody was destroyed by him stands unrebutted; thus the will was revoked by the deceased prior to death and cannot be propounded.