Read the full judgment text of HCAP 5/2015 on BabelCite. This High Court CFI judgment was delivered on 14 December 2020 before Hon Wilson Chan J.
Probate – Testamentary Capacity – Knowledge and Approval – Forgery – 1999 Will – 2005 Will – Banks v Goodfellow – Nina Kung v Wong Din Shin – Deceased – Estate – Whether the 1999 Will was forged (No; genuine) – Whether the Deceased had testamentary capacity for the 1999 Will (No; impaired mental function, solicitor failed Banks v Goodfellow criteria) – Whether the Deceased had testamentary capacity for the 2005 Will (No; bed-bound, non-communicable, failed golden rule) – Whether the Deceased knew and approved the 2005 Will (No; suspicious circumstances, instruction from defendant's associate) – 1987 Will valid – Defendant's counterclaim dismissed – Costs against Defendant
Legal issues: Genuineness of the 1999 Will · Testamentary Capacity for the 1999 Will · Testamentary Capacity for the 2005 Will · Knowledge and Approval for the 2005 Will
Outcome: 1987 Will pronounced in solemn form; Defendant's counterclaim dismissed; Costs against Defendant
Cited by 6 cases · Cites 3 cases