Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Substituted judgment
  • 30 Sept 2025

    RE CVB

    Citation
    [2025] HKCFI 4647
    Court
    Court of First Instance
    Case number
    HCMH11/2022

    The judge found on medical evidence that CVB lacked testamentary capacity (s10B(4)), applied s10A and s10B and the established Hong Kong authorities adopting a substituted judgment approach tempered by best interests, and concluded that a statutory will should be authorised because it was in CVBs best interests to prevent her substantial estate passing to the government and to provide, rationally and proportionately, for the 11th aunt and specified siblings/issues of the 12th uncle; accordingly the court authorised the committee to execute the statutory will containing the proposed terms and…