RE CHAN CHOI YIM

RE CHAN CHOI YIM

The appeal was allowed and the Master's order set aside because the paramount consideration is protection of the minor beneficiary. Given the potential conflict between the widow (Caveator) and the minor over a substantial pre-death transfer and property arrangements, the widow would be unsuitable as additional administratrix. The court exercised its discretion under s25(2) to appoint Madam Chan Yuen Kwai, who has no conflict, to join as an administratrix to apply for letters of administration with the will annexed.

Citation
RE CHAN CHOI YIM
Parties
Deceased: Chan Choi Yim; Caveator/beneficiary: Caveator (widow); Executor: Sole remaining Executor; Proposed Additional Administratrix (daughter): Madam Chan Yuen Kwai; Beneficiary (minor): Grand-daughter (minor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2002
Case Number
HCCA2083/2001
Procedural Posture
Probate and Administration (non Contentious Probate Rules) / Appeal to Judge From Master's Order
Outcome
Appeal allowed; Order of Master set aside; Madam Chan Yuen Kwai appointed to join as administratrix to apply for letters of administration with the last will annexed of Chan Choi Yim.
Legal Topics
Appointment of Administratrix, Section 25 Probate and Administration Ordinance, Conflict of Interest, Minor Beneficiary Protection, Discretionary Appointment
Source Language
EN
Probate Administration Inheritance Civil Procedure Appointment of Administratrix Section 25 Probate and Administration Ordinance Conflict of Interest Minor Beneficiary Protection +1 more

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Parties

Chan Choi Yim

Deceased

Caveator (widow)

Caveator/beneficiary

Sole remaining Executor

Executor

Madam Chan Yuen Kwai

Proposed Additional Administratrix (daughter)

Grand-daughter (minor)

Beneficiary (minor)

Procedural Posture

Probate and Administration (non Contentious Probate Rules) / Appeal to Judge From Master's Order

Legal Issues

  1. 1 Whether s25(1) requires two personal representatives where probate (as opposed to administration) is granted
  2. 2 Whether the phrase 'person interested' in s25(2) is confined to the minor or life tenant or extends to other persons with an interest
  3. 3 Who should be appointed as additional administratrix to protect the minor's interests

Ratio Decidendi

The appeal was allowed and the Master's order set aside because the paramount consideration is protection of the minor beneficiary. Given the potential conflict between the widow (Caveator) and the minor over a substantial pre-death transfer and property arrangements, the widow would be unsuitable as additional administratrix. The court exercised its discretion under s25(2) to appoint Madam Chan Yuen Kwai, who has no conflict, to join as an administratrix to apply for letters of administration with the will annexed.

Court Disposition

Appeal allowed; Order of Master set aside; Madam Chan Yuen Kwai appointed to join as administratrix to apply for letters of administration with the last will annexed of Chan Choi Yim.

Orders

  • Order setting aside the order of Master C B Chan dated 11 April 2002
  • Madam Chan Yuen Kwai appointed to join as an administratrix to apply for letters of administration with the last will of the deceased dated 15 July 2000 annexed