WONG KIM MING AND ANOTHER v. CHONG YUK PIU AND ANOTHER

WONG KIM MING AND ANOTHER v. CHONG YUK PIU AND ANOTHER

Because the plaintiffs have a reasonably arguable case, the estate is of significant value, and their personal interest is contingent and potentially adverse to other beneficiaries, the court granted a limited Beddoe indemnity: plaintiffs to be indemnified out of the estate for 50% of their own costs and 50% of their liability for defendants' costs up to HK$392,388 each, assessed on a trustee basis, up to and including trial; costs of the present application to be paid out of the estate.

Citation
WONG KIM MING AND ANOTHER v. CHONG YUK PIU AND ANOTHER
Parties
Plaintiff (executrix): Kim Ming; Plaintiff (executrix): Ling Mei; Defendant (administrator): Yuk Piu; Defendant (administrator): Chong Sok I
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2017
Case Number
HCMP2439/2016
Procedural Posture
Probate Action (hcap 9/2014) / Application for Beddoe Order Made by Plaintiffs Prior to Trial; Decision on Indemnity/costs Protection
Outcome
Beddoe order granted in limited form in favour of the plaintiffs (executrices).
Legal Topics
Beddoe Order, Executor Indemnity, Mental Capacity to Make a Will, Validity of Change of Insurance Beneficiaries, Letters of Administration, Costs Protection and Caps
Source Language
EN
Probate Estate Administration Trusts and Trustees Civil Costs Beddoe Order Executor Indemnity Mental Capacity to Make a Will Validity of Change of Insurance Beneficiaries +2 more

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Parties

Kim Ming

Plaintiff (executrix)

Ling Mei

Plaintiff (executrix)

Yuk Piu

Defendant (administrator)

Chong Sok I

Defendant (administrator)

Procedural Posture

Probate Action (hcap 9/2014) / Application for Beddoe Order Made by Plaintiffs Prior to Trial; Decision on Indemnity/costs Protection

Legal Issues

  1. 1 Whether the Will and changes to insurance beneficiaries were valid given the Deceased's mental capacity and knowledge and approval
  2. 2 Whether the executrices (plaintiffs) are entitled to a Beddoe order indemnifying them out of the estate or insurance proceeds for costs incurred in the Probate Action
  3. 3 Appropriate scope and quantum of costs protection given the plaintiffs' personal interest and the interests of other beneficiaries

Ratio Decidendi

Because the plaintiffs have a reasonably arguable case, the estate is of significant value, and their personal interest is contingent and potentially adverse to other beneficiaries, the court granted a limited Beddoe indemnity: plaintiffs to be indemnified out of the estate for 50% of their own costs and 50% of their liability for defendants' costs up to HK$392,388 each, assessed on a trustee basis, up to and including trial; costs of the present application to be paid out of the estate.

Court Disposition

Beddoe order granted in limited form in favour of the plaintiffs (executrices).

Orders

  • Plaintiffs indemnified out of the estate for 50% of their own costs incurred or to be incurred in HCAP 9/2014 to be assessed on a trustee basis, provided such indemnity does not exceed HK$392,388
  • Plaintiffs indemnified out of the estate for 50% of their liability (if any) for the defendants' costs of HCAP 9/2014, provided such indemnity does not exceed HK$392,388