Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Summary judgment in probate actions

Legal area

Court

22 May 2024

TIAN HONGMEI v. ZHANG WEI AND OTHERS

Citation

[2024] HKCA 453
Court

Court of Appeal
Case number

CAMP30/2024

Leave to appeal refused because the Judge correctly found the Statement of Claim defective for failing to plead the July Document and advancing rival testamentary claims piecemeal, contrary to established principles that probate actions are in rem requiring simultaneous advancement of rival claims; summary judgment was therefore inappropriate and there was no reasonable prospect of success on the proposed grounds of appeal.
13 Oct 2023

CHAN KING HUNG as executor of the estate of CHAN FOOK LAI, deceased v. CHAN SIU KWAN PAULIE

Citation

[2023] HKCA 1177
Court

Court of Appeal
Case number

CACV159/2021

Defendant failed to particularise or support allegations of dementia or incapacity and produced no cogent medical or factual evidence to create a triable issue; the plaintiff's contemporaneous solicitor evidence, medical report noting intact cognitive function in January 2008, the testator's prior written intentions and post-execution transactions collectively proved on balance of probabilities that the testator had testamentary capacity and knew and approved the will; absence of medical witnesses (golden rule) did not, on these facts, preclude summary judgment; the counterclaim did not raise…