RE LO YAT LAM

RE LO YAT LAM

On the balance of probabilities the court accepted the oral evidence after cross-examination that the wife had accepted the applicant as the deceased's concubine as defined in s13(2) IEO; therefore the applicant qualifies as surviving party to a union of concubinage and is entitled to the statutory life interest under Schedule 1 para 4(7); the grant of administration shall proceed accordingly.

Citation
RE LO YAT LAM
Parties
Applicant (claimed Concubine): Cho Kam Lin; Co Applicant (daughter): Lo Tze Yuan; Deceased: Lo Yat Lam; Spouse/respondent (wife): Ko Kwan Sam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 June 2014
Case Number
HCAG4827/2012
Procedural Posture
Non Contentious Probate Grant of Administration (intestacy) / Application Hearing and Decision on Concubinage Status
Outcome
Applicant declared surviving party to a union of concubinage; application to proceed and be processed accordingly.
Legal Topics
Concubinage, Grant of Administration, Life Interest, Acceptance by Spouse, Cross Examination of Affirmant, Probate Practice Requirements
Source Language
EN
Probate Succession Intestates' Estates Family Law Evidence Concubinage Grant of Administration Life Interest +3 more

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Parties

Cho Kam Lin

Applicant (claimed Concubine)

Lo Tze Yuan

Co Applicant (daughter)

Lo Yat Lam

Deceased

Ko Kwan Sam

Spouse/respondent (wife)

Procedural Posture

Non Contentious Probate Grant of Administration (intestacy) / Application Hearing and Decision on Concubinage Status

Legal Issues

  1. 1 Whether the applicant was a 'surviving party to a union of concubinage' within s13(2) IEO
  2. 2 Whether the deceased's wife accepted the applicant as concubine such that the applicant acquires statutory priority for administration
  3. 3 How much weight to give the wife's divorce petition versus contemporaneous witness evidence and oral testimony after cross-examination

Ratio Decidendi

On the balance of probabilities the court accepted the oral evidence after cross-examination that the wife had accepted the applicant as the deceased's concubine as defined in s13(2) IEO; therefore the applicant qualifies as surviving party to a union of concubinage and is entitled to the statutory life interest under Schedule 1 para 4(7); the grant of administration shall proceed accordingly.

Court Disposition

Applicant declared surviving party to a union of concubinage; application to proceed and be processed accordingly.

Orders

  • Application to proceed on the basis that the applicant was accepted as the deceased's concubine and to be processed accordingly.