WONG KWONG YIU v. MOK HING CHUNG

WONG KWONG YIU v. MOK HING CHUNG

On the facts the court found on balance that WKY was adopted by WYL within the meaning of s2(2)(c) IEO (informal/"i-tze" adoption recognized under Chinese law and custom), there was no resulting trust in respect of assets registered in the joint names of WYL and WYS because (i) the historical family arrangements and source of funds showed the assets were not solely WYL's, and (ii) the purchase in joint names and survivorship conduct rebutted any resulting trust; the 6 June 2006 will of WYS was valid (testamentary capacity proven and proper formalities observed) and admitted to probate in favour of MHC, while letters of administration were ordered for WKY in respect of WYL's estate.

Citation
WONG KWONG YIU v. MOK HING CHUNG
Parties
Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012: Mok Hing Chung; Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012: Wong Kwong Yiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2014
Case Number
HCAP10/2012
Procedural Posture
Contentious Probate (hcap 8/2010 & HCAP 10/2012) / Trial and Judgment at Court of First Instance (recorder)
Outcome
Declaration that WKY is an adopted child of WYL under s2(2)(c) IEO; no resulting trust in favour of WYL in respect of WYS's estate; Will of WYS dated 6 June 2006 admitted to probate in favour of MHC; letters of administration to be granted to WKY for WYL's estate.
Legal Topics
Adoption Under Chinese Law and Custom (i Tze / Qing Code), Resulting Trust, Will Validity and Testamentary Capacity, Letters of Administration, Intestates' Estates Ordinance S2(2)
Source Language
EN
Probate Inheritance/intestacy Trusts Family Law Chinese Customary Law Capacity to Make a Will Adoption Under Chinese Law and Custom (i Tze / Qing Code) Resulting Trust +3 more

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Parties

Mok Hing Chung

Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012

Wong Kwong Yiu

Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012

Procedural Posture

Contentious Probate (hcap 8/2010 & HCAP 10/2012) / Trial and Judgment at Court of First Instance (recorder)

Legal Issues

  1. 1 Whether WKY was adopted by WYL within meaning of s2(2)(c) IEO (the Adoption Issue)
  2. 2 Whether assets registered in names of WYL and WYS were held on resulting trust for WYL (the Resulting Trust Issue)
  3. 3 Whether the 6 June 2006 will of WYS was valid / made when she had testamentary capacity (the Will Validity Issue)

Ratio Decidendi

On the facts the court found on balance that WKY was adopted by WYL within the meaning of s2(2)(c) IEO (informal/"i-tze" adoption recognized under Chinese law and custom), there was no resulting trust in respect of assets registered in the joint names of WYL and WYS because (i) the historical family arrangements and source of funds showed the assets were not solely WYL's, and (ii) the purchase in joint names and survivorship conduct rebutted any resulting trust; the 6 June 2006 will of WYS was valid (testamentary capacity proven and proper formalities observed) and admitted to probate in favour of MHC, while letters of administration were ordered for WKY in respect of WYL's estate.

Court Disposition

Declaration that WKY is an adopted child of WYL under s2(2)(c) IEO; no resulting trust in favour of WYL in respect of WYS's estate; Will of WYS dated 6 June 2006 admitted to probate in favour of MHC; letters of administration to be granted to WKY for WYL's estate.

Orders

  • Declare Wong Kwong Yiu an adopted child of Wong Yin Ling within meaning of s2(2)(c) IEO and entitled to letters of administration of WYL's estate
  • Refuse declaration that estate of Wong Yin Sheung is held on resulting trust for estate of Wong Yin Ling