The Court of Appeal’s recent judgment in 

[2025] HKCA 443 affirms that the rule in 

The rule is relevant where a testator loses some of his faculties between giving instructions and executing the will. In that scenario, the Court will ask:

(i) whether at the time the testator gave the instructions he had the ability to understand and give proper consideration to the various matters which are called for, that is whether he had testamentary capacity;

(ii) whether the document gives effect to his instructions;

(iii) whether those instructions continued to reflect his intentions; and

(iv) whether at the time he executed the will he knew what he was doing and thus had sufficient mental capacity to carry out the juristic act which that involves.

If all those questions can be affirmatively answered, the court can be satisfied that the will accurately reflects the testator’s intentions as formed at a time when he was capable of making fully informed decisions.

, instructed by Li & Partners, acted for the Plaintiff.

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