題組內容

三、Mr. A, a R.O.C. national, made a will in the year of 2000 at some attorney-atlaw office while lived at his Hong Kong temporary (non-habitual) residence. In his will, he stipulated that when he passes away, his real property located in Taiwan will be delivered as a gift to Mr. B, a Hong Kong national. No applicable law provisions in the will. Mr. A died at Hong Kong in 2008, and in 2012 his legal heirs brought civil litigation at the R.O.C. court against Mr. B arguing that the respective will Mr. A made in Hong Kong is void, due to its lack of required formalities. Please answer the following questions based upon above facts:

(一) Explain the legal procedure and applicable law which the R.O.C. court uses to characterize the subject matter of the adjudicated case.(10 points)