Ted Chan speaks on testamentary capacity at “Live Well, Die Well” Conference
On 21 February 2025, Ted Chan was invited to speak at “Live Well, Die Well”, the first conference in Hong Kong dedicated to LGBTQIA+ inclusive end-of-life care, co-organised by Alongside and HKU School of Nursing. It brought together professionals from various sectors, including legal, medical, nursing, social work, mental health, insurance and many more.
Images provided by Alongside
Ted and Dr. Yu Yee Wah, Specialist Psychiatrist, presented on “Assessing Mental and Testamentary Capacity: Best Practices for Professionals,” highlighting the nuances and practical steps in making sure that a testator has the requisite mental capacity before a will is executed.
During the presentation, both Dr. Yu and Ted highlighted that mental capacity refers to an individual’s ability to make informed decisions about their life and affairs, and testamentary capacity specifically pertains to the mental competence required to create a valid will.
On Ted’s part, he elaborated on the 4-stage inquiry for testamentary capacity (Banks v Goodfellow (1869-70) LR 5 QB 549), with reference to Re Estate of Au Kong Tim (Wills: Validity) [2018] 2 HKLRD 864, in which the Court of Appeal found that there was inadequate evidence to show that the 93-year old testator had the requisite mental capacity, when he made his last will one year before his passing. Ted drew the audience’s attention to the “golden rule” referred to in Kenward v Adams (The Times, 29 November 1975), and elaborated on the checklist of enquiries where an elderly and infirm testator is concerned.
Images provided by Alongside
Furthermore, Ted also discussed how medical doctors may properly prepare for and conduct an assessment and the practical steps to be taken in case of litigation, especially where the testator is diagnosed with certain mental conditions or impairment.
As discussions surrounding inclusive end-of-life care evolve, it is crucial for legal and medical professionals to work together to uphold the best practices respectively. The “Live Well, Die Well” conference emphasised the significance of this dialogue and highlighted the ongoing need for education and interdisciplinary collaboration in this vital area of service. It was a privilege for Ted to participate in the conference.
Ted Chan
Ted has a broad civil and criminal practice. He has been regularly instructed to advise and/or handle probate, matrimonial and mental health cases. In these cases, he has extensive experience in handling cases which require opinion evidence from experts such as psychiatrists and psychologists. Meanwhile, Ted continues to develop a wide range of practice areas including civil and commercial disputes. He is also a CEDR accredited mediator and a part-time lecturer in the law of evidence at HKU.
More details can be found in Ted’s profile.
This article was first published on 3 March 2025.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.