KU KWOK YING (古國英) in his personal Capacity and in his capacity as one of the Administrators of the Estate v. KU KWOK MING (古國明) in his personal capacity and in his capacity as one of the Administrators of the Estate AND OTHERS

KU KWOK YING (古國英) in his personal Capacity and in his capacity as one of the Administrators of the Estate v. KU KWOK MING (古國明) in his personal capacity and in his capacity as one of the Administrators of the Estate AND OTHERS

The SPA, though conditional, had the effect of changing the nature of the testator's interest so that by the time of death the testator no longer had sole legal and beneficial ownership of the Property; therefore the specific devise was adeemed and the Property (or its monetary equivalent) falls into the residuary estate.

Citation
[2020] HKCFI 3023
Parties
Plaintiff; Administrator of the Estate: Ku Kwok Ying; 1st Defendant; Administrator of the Estate: Ku Kwok Ming; 2nd Defendant: Gu Guoxiong; 3rd Defendant: Gu Jinling; 4th Defendant: Gu Guoneng
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2020
Case Number
HCMP1698/2019
Procedural Posture
Wills and Probate / Estate Administration (declaratory) / Judgment on Declaratory Questions Under Order 85 R 8 of the Rules of the High Court
Outcome
Both questions answered in the affirmative: the specific devise was adeemed and the Property falls into the residuary estate.
Legal Topics
Ademption, Specific Devise, Sale and Purchase Agreement, Equitable Conversion, Specific Performance, Estate Administration, Compulsory Acquisition
Source Language
EN
Wills and Probate Property Equity Trusts Ademption Specific Devise Sale and Purchase Agreement Equitable Conversion +3 more

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Parties

Ku Kwok Ying

Plaintiff; Administrator of the Estate

Ku Kwok Ming

1st Defendant; Administrator of the Estate

Gu Guoxiong

2nd Defendant

Gu Jinling

3rd Defendant

Gu Guoneng

4th Defendant

Procedural Posture

Wills and Probate / Estate Administration (declaratory) / Judgment on Declaratory Questions Under Order 85 R 8 of the Rules of the High Court

Legal Issues

  1. 1 Whether the specific devise of 6th Floor, No. 1 Kiu Yam Street was adeemed by the sale and purchase agreement entered into by the testator before her death
  2. 2 Whether the Property falls into the residuary estate of the testator

Ratio Decidendi

The SPA, though conditional, had the effect of changing the nature of the testator's interest so that by the time of death the testator no longer had sole legal and beneficial ownership of the Property; therefore the specific devise was adeemed and the Property (or its monetary equivalent) falls into the residuary estate.

Court Disposition

Both questions answered in the affirmative: the specific devise was adeemed and the Property falls into the residuary estate.

Orders

  • Costs of these proceedings (including all reserved costs) to be paid by the estate of Koo Bor Nui to the Plaintiff and to the 1st Defendant; costs to be taxed on solicitor and own client basis
  • Plaintiff's costs to be taxed in accordance with the Legal Aid Regulations