Hong Kong Case Law: Decisions & Judgments

Topic

Probate in solemn form

Legal area

Court

25 Jul 2025

CHIU MEI CHERRY v. YIP NGAN YUK AND ANOTHER

Citation

[2025] HKCA 677
Court

Court of Appeal
Case number

CACV468/2024

The Court of Appeal held that the judge at first instance erred in granting summary judgment because credible triable issues existed on testamentary capacity, knowledge and approval and undue influence given (inter alia) the close temporal proximity and radical departure of the July 2022 will from prior wills, disputed factual allegations about care and payment of medical expenses, the unexplained involvement of solicitors, Ms Cho's refusal to draft a further will, and apparent issues in the psychiatric cognitive assessment; accordingly summary disposal was inappropriate and the defendants we…
11 Apr 2019

LEE KWAI KEUNG v. KWO SZE

Citation

[2019] HKCFI 925
Court

Court of First Instance
Case number

HCAP27/2017

The consent summonses were dismissed because the plaintiffs failed to adduce any evidence proving the due execution or validity of the wills, there were unexplained and inexplicable dispositions and relationships raising questions about validity, procedural requirements had not been complied with, and the court was not prepared to try the probate actions on affidavit evidence or to grant probate in solemn form by consent without examination of underlying evidence.
16 Aug 2002

WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER

Citation

WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER
Court

Court of First Instance
Case number

HCAP1/2000

On the balance of probabilities the court found the Chinese document was made by the Deceased with testamentary intention, the disputed signature and envelope characters were sufficiently genuine in the context of all evidence and credibility findings, and accordingly probate of the Chinese document was decreed in solemn form; letters of administration with the will annexed were ordered to be obtained and costs ordered nisi to be paid from the estate.

Hong Kong Case Law

CHIU MEI CHERRY v. YIP NGAN YUK AND ANOTHER

LEE KWAI KEUNG v. KWO SZE

WONG OI KING AND ANOTHER v. LAI LOK YEE CATHERINE AND ANOTHER