We obtained favourable judgment in a highly contentious probate case for our clients with such judgment becoming a landmark decision in this area of law in Hong Kong.

In Re The Estate of Ip Chan Kee [2025] HKCFI 657, 7 children of the deceased father litigated in two camps. Our clients successfully asked the Court to pronounce their father’s will to fulfill his last wishes.

This is the first case in Hong Kong’s judicial history discussing and ruling on the principle of ‘fraudulent calumny’, which is an ancient legal doctrine to allow a disinherited person to challenge the validity of a will. In layman’s terms, the gist of fraudulent calumny is when a representor makes a false representation about the character of another potential beneficiary to a testator with the purpose and effect of inducing the testator to make testamentary dispositions that are adverse to that other potential beneficiary. This case has two significant implications:-

First, this is the first Hong Kong case applying the leading UK authority, which held that a successful claim of fraudulent calumny shall include positive findings of 6 elements i.e. a representation was (1) made to the testator which was (2) false and (3) about the character of the existing or potential beneficiary, (4) for the purpose of inducing the testator to alter his testamentary dispositions, (5) at the material time when the representor knew that it was untrue, or recklessness as to its truth; and as a result, (6) the will was made only because of the fraudulent calumny.

Secondly, parties disputed how the (4)th element i.e. the ‘purpose’ shall be interpreted. The other camp suggested a broader test: so long as the false representation was material and the representor intended to deceive, a specific purpose on the part of the representor shall not be necessary. However, The Hon. Mr. Justice H. Au-Yeung rejected this argument and accepted our legal team’s arguments with reference to an obiter in a UK case that a stricter approach should be adopted to require that the purpose of the false representation was to specifically induce the testator to alter his testamentary dispositions, and not something else. Such a ruling is now a forceful precedent in Hong Kong and will influence all future cases where ‘fraudulent calumny’ is in issue.

We are glad to have maintained the integrity of the deceased’s will, and achieved justice for his beloved. We are also thrilled to be part of making new case law for the common law in Hong Kong.

This case is led by our Partner Mr. Roy Leung, assisted by Senior Associate Ms. Theresa Law, Associate Ms. Koey Wong, Associate Ms. Shirley Yu and Trainee Solicitor Mr. Manson Chan.