Hong Kong Case Law: Decisions & Judgments

Topic

Testamentary capacity (banks v goodfellow)

Legal area

Court

18 Apr 2019

WONG KWONG YIU v. MOK HING CHUNG

Citation

[2019] HKCA 452
Court

Court of Appeal
Case number

CACV239/2014

On the evidence the sisters treated assets as joint property and intended the survivor to take beneficially, so no resulting trust arose; contemporaneous medical records, solicitor attendance and conduct of the testatrix supported that she had testamentary capacity when signing the will; expert evidence and facts established that WKY was an i-tze under Qing Code principles and thus an adopted person for the purposes of IEO s2(2)(c).
20 Apr 2018

CHOY PO CHUN AND ANOTHER v. AU WING LUN also known as AU WING LUN WILLIAM

Citation

[2018] HKCA 210
Court

Court of Appeal
Case number

CACV177/2017

The Court allowed the appeal because the trial judge failed to address two essential Banks v Goodfellow criteria (understanding the extent of the property disposed of and comprehension/appreciation of claims to which the testator ought to give effect); on the existing evidence there was no sufficient basis to infer those two criteria were satisfied, so testamentary capacity was not established and the 2008 Will could not be upheld. The 2002 Will was therefore pronounced in solemn form and the propounder’s counterclaim dismissed.
3 Jul 2014

MOK HING CHUNG v. WONG KWONG YIU

Citation

MOK HING CHUNG v. WONG KWONG YIU
Court

Court of First Instance
Case number

HCAP8/2010

Court held on the facts that WKY was adopted by WYL within the meaning of IEO s2(2)(c) (informal/i-tze adoption recognised under Chinese law and custom), that there was no resulting trust over the assets registered in the names of WYL and WYS (the joint ownership and conduct rebutted any presumption), and that the 6 June 2006 Will of WYS was validly executed with testamentary capacity and is admitted to probate (MHC sole executor and beneficiary); accordingly letters of administration in respect of WYL's intestate estate to be granted to WKY; other claims dismissed.

Hong Kong Case Law

WONG KWONG YIU v. MOK HING CHUNG

CHOY PO CHUN AND ANOTHER v. AU WING LUN also known as AU WING LUN WILLIAM

MOK HING CHUNG v. WONG KWONG YIU