Hong Kong Case Law: Decisions & Judgments

Topic

Revocation of probate

Legal area

Court

20 Oct 2025

CHEUNG PUI KING v. The Estate of the late CHEUNG WAH CHIU, Deceased AND ANOTHER

Citation

[2025] HKCFI 4999
Court

Court of First Instance
Case number

HCMP1279/2024

The striking-out application failed because it was not plain and obvious that Wai could not be a proper contradictor; however, on case management grounds the Administration Action was stayed pending determination of the Probate Action because the validity of competing wills and the identity of the proper executor/beneficiary must be resolved first and the Probate Action was more advanced.
6 Jun 2025

CHAN SHU LAM v. CHAN CHAU WAH

Citation

[2025] HKCFI 2338
Court

Court of First Instance
Case number

HCAP6/2020

On the balance of probabilities the court found the Defendant paid HKD186,726.65 in repayment of the mortgage in detrimental reliance on the Deceased's express assurance that she would receive an interest in the Property proportionate to her contribution, giving rise to a common intention constructive trust of 14.25% in the Defendant's favour; the court further found the Deceased had testamentary capacity on 8 August 2019 to execute the 2019 Will, revoked probate granted under the 2017 Will and declared and pronounced the 2019 Will to be the true last will.
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.
11 Aug 2020

LUI MING LOK v. NG IM FONG LORETTA

Citation

[2020] HKCFI 1243
Court

Court of First Instance
Case number

HCAP28/2019

Section 20(2)(c) and (d) of the Matrimonial Causes Ordinance, read in context with the legislative history adopting the English Nullity of Marriage Act 1971, constitute a comprehensive code dealing with unsoundness of mind; unsoundness of mind in its forms is a ground of voidability only and does not preserve a residual common law ground rendering a marriage void ab initio. Therefore the plaintiff's pleaded claim that the 2010 marriage was void for lack of mental capacity is legally unarguable and must be struck out; other challenges to the 2010 will (lack of testamentary capacity, undue infl…
31 Oct 2018

VERRALLS, AMY v. MARIA GINA LA GIGLIA also known as LA GIGLIA MARIA GINA (in the pretended Will called “MARIA LAGIGLIA”) the executrix of the estate of LA GIGLIA, JAMES GRAZIANO, deceased

Citation

[2018] HKCFI 2386
Court

Court of First Instance
Case number

HCAP15/2014

The court found that the plaintiff had mis‑stated her address on the writs and that the mis‑statement supported an order for security for costs following the balancing exercise required by Order 23 r.1; the plaintiff's procedural conduct and the strength of the defendant's case weighed in favour of ordering security.
20 Jul 2017

ZHANG XINQIANG v. CHEUNG SHUI CHEUNG

Citation

ZHANG XINQIANG v. CHEUNG SHUI CHEUNG
Court

Court of First Instance
Case number

HCAP8/2013

On the balance of probabilities the Court found that the Cheung Yau referred to in the 1950 and 1963 memorials was the plaintiff's late father (not the defendant's late father), therefore the defendant's deceased had no beneficial interest in the Properties; declarations were granted in favour of Zhang, the Registration was ordered vacated, the Probate was not revoked and the defendant's counterclaim was dismissed.

Hong Kong Case Law

CHEUNG PUI KING v. The Estate of the late CHEUNG WAH CHIU, Deceased AND ANOTHER

CHAN SHU LAM v. CHAN CHAU WAH

LAU PO SHEUNG v. LO YUEN CHING CINDY

LUI MING LOK v. NG IM FONG LORETTA

VERRALLS, AMY v. MARIA GINA LA GIGLIA also known as LA GIGLIA MARIA GINA (in the pretended Will called “MARIA LAGIGLIA”) the executrix of the estate of LA GIGLIA, JAMES GRAZIANO, deceased

ZHANG XINQIANG v. CHEUNG SHUI CHEUNG