Hong Kong Case Law: Decisions & Judgments

Topic

Propounding a will

Legal area

Court

28 Jan 2025

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND ANOTHER

Citation

[2025] HKCFI 370
Court

Court of First Instance
Case number

HCAP37/2015

The propounder failed to discharge the burden to prove testamentary capacity and freedom from undue influence: contemporaneous medical evidence established mild neurocognitive disorder and vulnerability; the solicitor's safeguards were inadequate given the Deceased was left with the 1st defendant and spoke by phone; the pattern of disadvantageous inter vivos transfers to relatives supports a resulting trust and motive by the 2nd defendant to procure the Will to prevent recovery claims; accordingly the Will was invalid for lack of capacity, undue influence and want of knowledge and approval, a…
24 Mar 2021

LAU PO SHEUNG v. LO YUEN CHING CINDY

Citation

[2021] HKCFI 755
Court

Court of First Instance
Case number

HCAP4/2020

Summary judgment was refused because there are triable issues as to whether the Deceased had testamentary capacity and whether he knew and approved the contents of the 2018 Will (including inconsistency with the 2015 Will and the gap between execution and medical evidence), and therefore the plaintiff had not discharged the persuasive burden on a summary application.
7 Sept 2020

HO SIK CHEUNG v. CHENG YIN PING ELIZA

Citation

[2020] HKCFI 2295
Court

Court of First Instance
Case number

HCAP18/2016

On the balance of probabilities the court found the 1999 will was validly made: it was duly executed, the deceased had testamentary capacity when he instructed and executed it, and he knew and approved its terms. The 1998 will was procured by actual undue influence and domination by Kam Cheung and Cheng and is therefore invalid and revocable; the 2015 grant based on the 1998 will is revoked. The court relied on contemporaneous factual findings (including the 2002 judgment) and credible testimony and gave weight to proximate psychiatric evidence that did not undermine capacity for the 1999 wil…
14 Apr 2008

WONG JOANING OLIVER v. MICHAEL WONG AND OTHERS

Citation

WONG JOANING OLIVER v. MICHAEL WONG AND OTHERS
Court

Court of First Instance
Case number

HCAP14/2006

The 1983 Hong Kong will is validly executed and proved by attesting witnesses' affidavits and, because the original was withheld, the court will admit the lodged copy for probate; the 2003 Australian document is not accepted as a valid will due to expert findings of simulated signatures, absence of evidence of interpretation to the testator, and lack of any party propounding it locally; probate is granted to the plaintiff as proving executor and no costs order is made against parties since executor's costs are payable from the estate.

Hong Kong Case Law

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND ANOTHER

LAU PO SHEUNG v. LO YUEN CHING CINDY

HO SIK CHEUNG v. CHENG YIN PING ELIZA

WONG JOANING OLIVER v. MICHAEL WONG AND OTHERS