RE CHAN HUNG MOU

RE CHAN HUNG MOU

The appeal was dismissed because the evidence showed the omission was an innocent, corrected error with no suggestion of concealment; there was insufficient evidence that past hostility or alleged conflicts would cause the Widow to administer the estate improperly; appointing a professional administrator was unjustified given lack of evidence of undisclosed assets and the likely disproportionate cost to a relatively modest estate.

Citation
RE CHAN HUNG MOU
Parties
Deceased: Deceased; Applicant/administratrix: Widow; Caveator/appellant: Daughter
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 2009
Case Number
HCCA2740/2007
Procedural Posture
Non Contentious Probate Appeal / Appeal From Master's Decision Under Rule 62
Outcome
Appeal dismissed
Legal Topics
Appointment of Administrator, Priority of Persons Entitled, Conflict of Interest, Non Contentious Probate Appeals, Professional Administrator Vs Family Member
Source Language
EN
Probate Estate Administration Civil Procedure Appointment of Administrator Priority of Persons Entitled Conflict of Interest Non Contentious Probate Appeals Professional Administrator Vs Family Member

Case Brief

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Parties

Deceased

Deceased

Widow

Applicant/administratrix

Daughter

Caveator/appellant

Procedural Posture

Non Contentious Probate Appeal / Appeal From Master's Decision Under Rule 62

Legal Issues

  1. 1 Whether the widow should be passed over for appointment as administratrix
  2. 2 Whether omission of a significant asset from the schedule justifies appointment of a professional accountant or passing over the widow
  3. 3 Whether past family hostility or alleged conflicts of interest indicate the widow would not administer the estate properly

Ratio Decidendi

The appeal was dismissed because the evidence showed the omission was an innocent, corrected error with no suggestion of concealment; there was insufficient evidence that past hostility or alleged conflicts would cause the Widow to administer the estate improperly; appointing a professional administrator was unjustified given lack of evidence of undisclosed assets and the likely disproportionate cost to a relatively modest estate.

Court Disposition

Appeal dismissed

Orders

  • The Daughter shall pay the costs of the Widow in this appeal, such costs to be taxed if not agreed