Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Propounding wills

  • 20 Jul 2023

    LO KIN KEUNG v. LO KA MING

    Citation
    [2023] HKCFI 1887
    Court
    Court of First Instance
    Case number
    HCAP5/2019

    The court found on the balance of probabilities that the Deceased lacked testamentary capacity when he executed the 2018 Will (likely delirium on 4 May 2018 as supported by medical notes and expert psychiatric opinion), therefore the 2018 Will was null and void; conversely the 2015 Will was properly executed, the Deceased had testamentary capacity and knew and approved its contents on 17 September 2015, and hence the 2015 Will is the last will to be given effect.

  • 1 Aug 2018

    CHOY PO CHUN AND ANOTHER v. AU WING LUN

    Citation
    [2018] HKCA 402
    Court
    Court of Appeal
    Case number
    CACV177/2017

    The defendant, being privy to and instrumental in the making of the 2008 Will and a beneficiary under it, failed to make adequate inquiries as to the deceased's testamentary capacity and thus acted unreasonably; the established narrowing of the exceptions to the ordinary rule requires careful scrutiny and a strong case to displace the usual order that costs follow the event, so no order was made for costs out of the estate and the defendant must pay the plaintiffs' costs subject to specified reductions.

  • 25 Feb 2008

    KAN MUI v. LAI CHUNG HEI AND OTHERS

    Citation
    KAN MUI v. LAI CHUNG HEI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCAP7/2001

    The 1988 Will was valid and is the last valid will because the uncontradicted solicitor witness evidence established that the testator was sober and of sound mind when he executed the 1988 Will, and medical evidence showed vascular dementia affecting capacity only from June 1988 so that the 1992 Will was executed when the testator lacked testamentary capacity; accordingly the 1988 Will is propounded and the plaintiff's action is dismissed.