Yesterday, Parkside’s Jacquelyn Ng and Raphael Leung presented an engaging and sagacious CPD talk at Dentons in front of about 20 solicitors. The talk was entitled “Practical Tips on Challenging Domestic and Foreign Wills.”
The discussion focussed on the complexities of probate actions, particularly where validity of the will is challenged. In addition, a pair of recent cases in the Court of Appeal were contrasted to highlight the difficulty associated with obtaining summary judgement in probate actions, emphasising the need for clear evidence and limited disputes.
The conversation also covered the recognition of foreign wills in Hong Kong, noting the limited jurisprudence and the importance of clear drafting to avoid uncertainties. It was stressed that there was a need for non-contentious practitioners to understand the principles of private international law and the potential pitfalls of revocation clauses and cross-jurisdictional wills.
Following an astute question from the audience, the talk also homed in on the execution of wills across jurisdictions highlighting the complexities of simultaneous will execution. The importance of clear drafting to avoid uncertainties and complications was reiterated, with a focus on defining the scope and governing law of wills.
Thank you to Jean Lau from Dentons for the welcome remarks which preceded the talk, introducing the speakers.
