RE CYNTHIA WAI-MAN FANG

RE CYNTHIA WAI-MAN FANG

Although inclusion of an alias in a grant ordinarily requires evidence that assets are held under that name or other sufficient reason under r.7 NCPR, the Court has a discretion under r.5(1) to waive technical non-compliance; on the facts the Court waived requisition nos.5 and 7 and permitted retention of the deceased's HKID name in the grant because the burden of amendment and prejudice to aged parties outweighed the negligible risk of misidentification.

Citation
RE CYNTHIA WAI-MAN FANG
Parties
Deceased: CYNTHIA WAI-MAN FANG alias CYNTHIA W. FANG alias FANG CYNTHIA WAI MAN; Applicants: Applicants; Husband / Personal Representative / Donor of Power of Attorney: Sheng Chung Fang also known as Sheng C. Fang; Probate Master (judge): Jack Wong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 2006
Case Number
HCAG5519/2005
Procedural Posture
Application for Grant (non Contentious Probate) / Decision on Requisitions / Waiver by Probate Master
Outcome
Requisition nos. 5 and 7 waived; the deceased's HKID name may be retained in the grant; priority given to processing the application.
Legal Topics
Alias Names in Grant, Non Contentious Probate Rules, Waiver of Requisitions, Estate Duty Clearance
Source Language
EN
Probate Succession Estate Administration Civil Procedure Alias Names in Grant Non Contentious Probate Rules Waiver of Requisitions Estate Duty Clearance

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Parties

CYNTHIA WAI-MAN FANG alias CYNTHIA W. FANG alias FANG CYNTHIA WAI MAN

Deceased

Applicants

Applicants

Sheng Chung Fang also known as Sheng C. Fang

Husband / Personal Representative / Donor of Power of Attorney

Jack Wong

Probate Master (judge)

Procedural Posture

Application for Grant (non Contentious Probate) / Decision on Requisitions / Waiver by Probate Master

Legal Issues

  1. 1 Whether the deceased's name as per HKID may be included as an alias in the grant
  2. 2 Whether requisition nos. 5 and 7 should be waived
  3. 3 Interpretation and application of rule 7 NCPR regarding additional names in a grant

Ratio Decidendi

Although inclusion of an alias in a grant ordinarily requires evidence that assets are held under that name or other sufficient reason under r.7 NCPR, the Court has a discretion under r.5(1) to waive technical non-compliance; on the facts the Court waived requisition nos.5 and 7 and permitted retention of the deceased's HKID name in the grant because the burden of amendment and prejudice to aged parties outweighed the negligible risk of misidentification.

Court Disposition

Requisition nos. 5 and 7 waived; the deceased's HKID name may be retained in the grant; priority given to processing the application.

Orders

  • Requisition nos. 5 and 7 are waived in the circumstances of this case.
  • The grant may be issued retaining the deceased's HKID name as an alias.