1 Mar 2017
HO WAI PING v. HO KA MAN CARMEN
- Citation
- HO WAI PING v. HO KA MAN CARMEN
- Court
- Court of Appeal
- Case number
- CACV17/2016
The Court of Appeal upheld the deputy judge's factual findings that the handwritten document embodied the deceased's testamentary intentions when executed and was not a document intended to operate only upon the contingency of death on his trip; extrinsic evidence could be considered to ascertain testamentary intention under s.5(2) but could not be used to convert an on‑its‑face unconditional will into a conditional one; the trial judge properly assessed credibility and applied the correct legal tests, and the appeal was dismissed.