Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Proof of will

  • 21 Nov 2014

    CHAN WAN YEE v. CHAN TO FUN

    Citation
    CHAN WAN YEE v. CHAN TO FUN
    Court
    Court of Appeal
    Case number
    CACV21/2014

    Kwan JA's order requiring the appellant to provide security for costs of HK$133,300 was correct and should stand because the appellant's substantive appeal had no reasonable prospect of success, he failed to adduce or properly identify fresh evidence satisfying Ladd v Marshall, and the judge applied correct legal principles; accordingly the appeal against the security for costs order is dismissed and the appellant must pay the ordered security by the specified date or the substantive appeal will be dismissed.

  • 4 Nov 2004

    RE NORA LAW

    Citation
    RE NORA LAW
    Court
    Court of First Instance
    Case number
    HCAG931/2004

    The Registrar's requisitions were correctly raised because r53 NCPR requires a 'duly authenticated copy of the will' which the Certified Canadian Grant enclosing only a 'copy will' did not strictly satisfy; however r53 is permissive ('may') and the Court has discretion to accept alternative proof. In the specific circumstances the Master found the copy will to be a true and proper copy and, to avoid further time and cost and without creating precedent, waived the requisitions and permitted the application to proceed.

  • 23 Jul 2003

    CHOW SIU PO v. WONG MING FUNG

    Citation
    CHOW SIU PO v. WONG MING FUNG
    Court
    Court of First Instance
    Case number
    HCAP3/1998

    Leave was granted to re‑open solely to admit the affirmation of the attesting witness Chan because exceptional circumstances existed: the defendant signalled no interest in contesting proof, an attesting witness was available, proof of the will affects third parties and the court has a duty to give effect to testamentary documents; balancing finality and justice the trial judge exercised discretion to permit limited reopening.