TAN CHENG GAY AND OTHERS v. TAN CHOO SUAN AND ANOTHER

TAN CHENG GAY AND OTHERS v. TAN CHOO SUAN AND ANOTHER

Court found plaintiffs acted for their own personal benefit (third Re Buckton category), the charities named in the Joint Will would be disadvantaged if costs were paid from the estate, and the deceased did not create the doubt; accordingly plaintiffs must pay the 1st defendant's costs, and the Secretary of Justice's costs (HK$76,659) are to be paid from the estate on an indemnity basis.

Citation
TAN CHENG GAY AND OTHERS v. TAN CHOO SUAN AND ANOTHER
Parties
1st Plaintiff: TAN CHENG GAY; 2nd Plaintiff: TAN YOK KOON; 3rd Plaintiff: TAN CHOO PIN; 4th Plaintiff: TAN CHIN HOON; 1st Defendant: TAN CHOO SUAN; 2nd Defendant: SECRETARY FOR JUSTICE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2013
Case Number
HCMP246/2013
Procedural Posture
Will Construction / Probate / Costs Hearing (ruling)
Outcome
Plaintiffs ordered to pay 1st defendant's costs; Secretary of Justice's costs summarily assessed at HK$76,659 to be paid out of the estate on an indemnity basis.
Legal Topics
Construction of Joint Will, Re Buckton Costs Categories, Beneficiary Interests, Estate Administration
Source Language
EN
Wills and Probate Trusts Civil Procedure Costs Construction of Joint Will Re Buckton Costs Categories Beneficiary Interests Estate Administration

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Parties

TAN CHENG GAY

1st Plaintiff

TAN YOK KOON

2nd Plaintiff

TAN CHOO PIN

3rd Plaintiff

TAN CHIN HOON

4th Plaintiff

TAN CHOO SUAN

1st Defendant

SECRETARY FOR JUSTICE

2nd Defendant

Procedural Posture

Will Construction / Probate / Costs Hearing (ruling)

Legal Issues

  1. 1 Proper construction of the Joint Will
  2. 2 Which party should bear costs of the application
  3. 3 Whether the plaintiffs acted for benefit of the estate or for personal benefit

Ratio Decidendi

Court found plaintiffs acted for their own personal benefit (third Re Buckton category), the charities named in the Joint Will would be disadvantaged if costs were paid from the estate, and the deceased did not create the doubt; accordingly plaintiffs must pay the 1st defendant's costs, and the Secretary of Justice's costs (HK$76,659) are to be paid from the estate on an indemnity basis.

Court Disposition

Plaintiffs ordered to pay 1st defendant's costs; Secretary of Justice's costs summarily assessed at HK$76,659 to be paid out of the estate on an indemnity basis.

Orders

  • The plaintiffs shall pay the 1st defendant's costs of this action, to be taxed, if not agreed, on party and party basis.
  • The 2nd defendant's costs summarily assessed at HK$76,659 shall be paid out of the estate.