LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY AND ANOTHER

LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY AND ANOTHER

Given a substantial estate, the existence of two opposing beneficiary camps and the involvement of minors necessitating multiple administrators, the court exercised its Section 36 discretion to appoint co-administrators consisting of a family member (Ms Lam Jenny) and an independent professional (Mr Norman Chui) with the professional's costs to be borne by the Caveators to ensure impartial, efficient administration.

Citation
LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY AND ANOTHER
Parties
Caveators: LAM KA WAI REBECCA; LAM KAI CHEUNG by next friend CHAN SIU MAN; Persons Serving Warning to Caveators: LAM JENNY; LAM KA KEI ANNIE; Deceased: LAM KAM WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 January 2009
Case Number
HCCA3080/2007
Procedural Posture
Non Contentious Probate / Caveat Proceedings for Grant of Administration / Hearing and Decision on Appointment of Administrators Under Rule 44 NCPR (decision Reserved and Handed Down)
Outcome
Amended Caveat dated 31 December 2007 discharged; Ms Lam Jenny and Mr Norman Chui appointed co-administrators subject to filing of requisite papers and Registrar requirements; professional costs of Mr Norman Chui to be borne by the Caveators at specified hourly rate; each party to bear their own costs (order nisi);...
Legal Topics
Appointment of Administrator, Caveat Proceedings, Inheritance (provision for Family and Dependants) Claim, Minor Beneficiaries and Multiple Administrators, Professional Administrator Remuneration
Source Language
EN
Probate Administration of Estates Succession/inheritance Law Family Law Civil Procedure (non Contentious Probate Rules) Appointment of Administrator Caveat Proceedings Inheritance (provision for Family and Dependants) Claim +2 more

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Parties

LAM KA WAI REBECCA; LAM KAI CHEUNG by next friend CHAN SIU MAN

Caveators

LAM JENNY; LAM KA KEI ANNIE

Persons Serving Warning to Caveators

LAM KAM WAI

Deceased

Procedural Posture

Non Contentious Probate / Caveat Proceedings for Grant of Administration / Hearing and Decision on Appointment of Administrators Under Rule 44 NCPR (decision Reserved and Handed Down)

Legal Issues

  1. 1 Who should be appointed as administrator(s) of the deceased estate
  2. 2 Whether more than one administrator is required because minors are beneficiaries
  3. 3 Whether an independent professional administrator should be appointed to represent one beneficiary camp

Ratio Decidendi

Given a substantial estate, the existence of two opposing beneficiary camps and the involvement of minors necessitating multiple administrators, the court exercised its Section 36 discretion to appoint co-administrators consisting of a family member (Ms Lam Jenny) and an independent professional (Mr Norman Chui) with the professional's costs to be borne by the Caveators to ensure impartial, efficient administration.

Court Disposition

Amended Caveat dated 31 December 2007 discharged; Ms Lam Jenny and Mr Norman Chui appointed co-administrators subject to filing of requisite papers and Registrar requirements; professional costs of Mr Norman Chui to be borne by the Caveators at specified hourly rate; each party to bear their own costs (order nisi);...

Orders

  • Amended Caveat dated 31 December 2007 shall cease to have any effect.
  • Subject to filing of all requisite papers and compliance with Registrar requirements, Ms Lam Jenny and Mr Norman Chui are appointed co-administrators under section 36 Probate and Administration Ordinance (Cap. 10) for the estate of Lam Kam Wai, deceased.