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CACV 468/2024,
[2025] HKCA 677
On Appeal from
[2024] HKCFI 2824
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 468 OF 2024
(ON APPEAL FROM HCAP NO 36 OF 2023)
________________________
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IN THE ESTATE of LI LAM CHEUNG (李臨祥), married man, late of Room 2819, Tak Ying House, Tak Long Estate, 28 Shing Kai Road, Kowloon City, Kowloon, Hong Kong
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________________________
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BETWEEN
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CHIU MEI CHERRY (焦微)
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Plaintiff
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and
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YIP NGAN YUK (葉銀玉)
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1
st
Defendant
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LI SAI MAN SIMON (李世聞)
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2
nd
Defendant
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________________________
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Before:
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Hon Cheung, G Lam and Chow JJA in Court
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Date of Hearing:
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18 June 2025
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Date of Judgment:
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25 July 2025
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________________
J U D G M E N T
________________
Hon Chow JA (giving the Judgment of the Court):
INTRODUCTION
1.
This is the Defendants’ appeal against the summary judgment entered by H Au-Yeung J dated 14 October 2024 in favour of the Plaintiff pronouncing for the force and validity of a will dated 26 July 2022 as the last will and testament of Li Lam Cheung (李臨祥), deceased (“
the Deceased
”).
BACKGROUND FACTS
2.
The Deceased was born in 1954.
3.
The Deceased and the 1
st
Defendant married in January 1981. The 2
nd
Defendant is their only son, born in December 1981. They used to reside in a flat in Harmony Garden, Tsuen Wan, New Territories (“
the Tsuen Wan Property
”), which was held in the joint names of the Deceased and the 1
st
Defendant, as the matrimonial home. The 1
st
and 2
nd
Defendants have continued to live in the Tsuen Wan Property after the passing away of the Deceased.
4.
The Deceased also owned or purchased the following properties prior to his death:
(1) a unit in Gold King Industrial Building, Kwai Chung, New Territories (“
the Gold King Property
”);
(2) a flat in Kiu Yu Mansion, Lok Shan Road, Kowloon (“
the Kiu Yu Property
”); and
(3) a property in Lai Chi Kok Road, Kowloon (“
the Lai Chi Kok Property
”), which was purchased in 2018 and registered in the sole name of the 2
nd
Defendant.
5.
In around 2019, the Deceased began an extra-marital relationship with the Plaintiff, who subsequently gave birth to a son of theirs in November 2021 (“
the Younger Son
”).
6.
In around February 2022, the Deceased was diagnosed to be suffering from pancreatic cancer.
7.
During his lifetime, the Deceased made the following wills:
(1) a will dated 6 October 2021 (“
the October 2021 Will
”), in which the Deceased (i) named 1
st
and 2
nd
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