YUNG IVAN CAESAR AND OTHERS v. YUNG SIU CHEE MARGARET AND OTHERS

YUNG IVAN CAESAR AND OTHERS v. YUNG SIU CHEE MARGARET AND OTHERS

The court refused the application for additional remuneration to Fionne Choy because the Will had already fixed remuneration and the executors failed to discharge the onus of showing that the fixed amount was inadequate or that special circumstances existed; similarly, costs of the PRC proceedings could not be allowed out of the estate because the executors failed to produce pre-litigation advice and full disclosure necessary to show the litigation was reasonably and properly brought, and the court would not have authorised those proceedings on the material before it.

Citation
[2019] HKCFI 1767
Parties
Executrix/applicant: Fionne Choy; Co Executrices: Other three executrices; Estate/respondent: Estate of Yung Yau (deceased); Third Party/defendant in PRC Proceedings: Billy Yung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2019
Case Number
HCMP1568/2017
Procedural Posture
Probate and Estate Administration (hcmp Miscellaneous Proceedings) / Directions Hearing / Contested Application for Executor Remuneration and Approvals for Litigation
Outcome
Application for additional remuneration to executrix refused; application to charge PRC litigation costs to the estate refused on present material; other contested applications directed to further hearings (NY Loan cross-examination ordered).
Legal Topics
Executor Remuneration, Removal of Executors, Beddoe Orders / Leave to Litigate, Recovery of Litigation Costs From Estate, Disclosure Obligations, Cross Examination on Loan (ny Loan)
Source Language
EN
Trusts and Estates Equity Civil Procedure Costs Executor Remuneration Removal of Executors Beddoe Orders / Leave to Litigate Recovery of Litigation Costs From Estate +2 more

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Parties

Fionne Choy

Executrix/applicant

Other three executrices

Co Executrices

Estate of Yung Yau (deceased)

Estate/respondent

Billy Yung

Third Party/defendant in PRC Proceedings

Procedural Posture

Probate and Estate Administration (hcmp Miscellaneous Proceedings) / Directions Hearing / Contested Application for Executor Remuneration and Approvals for Litigation

Legal Issues

  1. 1 Whether Fionne Choy is entitled to additional remuneration (HK$50,000 per year) beyond the amount fixed in the Will
  2. 2 Whether the four executrices should be removed
  3. 3 Whether the costs of PRC proceedings may be paid out of the estate (whether litigation was reasonably incurred)

Ratio Decidendi

The court refused the application for additional remuneration to Fionne Choy because the Will had already fixed remuneration and the executors failed to discharge the onus of showing that the fixed amount was inadequate or that special circumstances existed; similarly, costs of the PRC proceedings could not be allowed out of the estate because the executors failed to produce pre-litigation advice and full disclosure necessary to show the litigation was reasonably and properly brought, and the court would not have authorised those proceedings on the material before it.

Court Disposition

Application for additional remuneration to executrix refused; application to charge PRC litigation costs to the estate refused on present material; other contested applications directed to further hearings (NY Loan cross-examination ordered).

Orders

  • Refused to allow additional remuneration to Fionne Choy beyond the amount fixed in the Will
  • PRC litigation costs shall not be paid out of the estate on the material before the Court (costs disallowed)