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Hong Kong decisions
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The court pronounced the 5 December 2016 will in solemn form, rejected fraudulent calumny and lack of knowledge and approval, and dismissed the defendant’s counterclaim.
The court dismissed an application for specific discovery in a probate dispute, holding the requests were speculative and, in any event, protected by legal advice privilege.
Court partly struck out defendants’ supplemental witness evidence in a probate dispute over undue influence, but allowed most paragraphs to remain and ordered revised statements.
A High Court judge allowed the defendants’ appeal and granted leave to subpoena Professor Lo Chung-mau, holding his evidence may be highly relevant to a late pleaded undue influence claim.
The court partly granted a striking-out summons over psychiatric expert reports in a probate dispute, expunging passages on delusion and Father’s capacity while leaving other medical material in place.
The court found the deceased owned 50% of the Paragon property, ordered recovery of specified transfers from joint accounts, and awarded mesne profits after ouster.
The court found an express trust over the Credit Suisse account for five siblings, held TCS and Mother liable for equity claims, and upheld Father’s 2008 joint will.
The court held the Credit Suisse account was held on trust for the five siblings, and upheld the 2008 Joint Will as Father’s last valid will.
The court authorised a statutory will for CVB after finding she lacked testamentary capacity and that the proposed disposition was in her best interests.
The court refused to vary a costs order nisi in a probate and property dispute, holding the plaintiff's summons failed and that the earlier costs order should stand.
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