LI CHI PING v. SIN KING

LI CHI PING v. SIN KING

The Caveator has a legitimate interest to apply (as surviving spouse of deceased beneficiary and potential personal representative of his late wife); Sin King was resident out of Hong Kong at the Deceased's death and her destruction of the original will together with demonstrated hostility and lack of cooperation caused delay and additional expense; on that factual basis it was necessary and convenient in the interests of the estate to pass over her as executrix and appoint an independent professional administrator (Mr Wong Tak Shing) subject to statutory cost caps.

Citation
[2023] HKCFI 1929
Parties
Caveator: LI CHI PING; Person Warning: SIN KING; Deceased: WU SAU LUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2023
Case Number
HCCA2061/2022
Procedural Posture
Caveat and Section 36 Application for Appointment of Administrator (probate and Administration) / Chambers Decision (judgment Dated 28 July 2023)
Outcome
Order made to pass over Sin King as executrix and to appoint Mr Wong Tak Shing as independent administrator; costs nisi made against Sin King to pay Caveator's costs, to be made final after 21 days.
Legal Topics
Appointment of Administrator Under Section 36 Cap 10, Passing Over Executor, Locus Standi of Caveator, Destruction of Original Will, Intestacy and Succession, Costs
Source Language
EN
Probate Succession Estate Administration Civil Procedure Appointment of Administrator Under Section 36 Cap 10 Passing Over Executor Locus Standi of Caveator Destruction of Original Will +2 more

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Parties

LI CHI PING

Caveator

SIN KING

Person Warning

WU SAU LUN

Deceased

Procedural Posture

Caveat and Section 36 Application for Appointment of Administrator (probate and Administration) / Chambers Decision (judgment Dated 28 July 2023)

Legal Issues

  1. 1 Whether the caveator has locus to apply under section 36
  2. 2 Whether the executor was resident out of Hong Kong at the time of death
  3. 3 Whether it was necessary or convenient to pass over the surviving executrix and appoint an independent administrator

Ratio Decidendi

The Caveator has a legitimate interest to apply (as surviving spouse of deceased beneficiary and potential personal representative of his late wife); Sin King was resident out of Hong Kong at the Deceased's death and her destruction of the original will together with demonstrated hostility and lack of cooperation caused delay and additional expense; on that factual basis it was necessary and convenient in the interests of the estate to pass over her as executrix and appoint an independent professional administrator (Mr Wong Tak Shing) subject to statutory cost caps.

Court Disposition

Order made to pass over Sin King as executrix and to appoint Mr Wong Tak Shing as independent administrator; costs nisi made against Sin King to pay Caveator's costs, to be made final after 21 days.

Orders

  • Person Warning Sin King is passed over as executrix of the Deceased's will
  • Mr Wong Tak Shing is appointed as independent administrator of the Estate pursuant to section 36 Cap 10