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 to allow the proposed additional remuneration to Fionne Choy to be charged to the estate because it was for her personal use, unsupported by evidence of need, and advanced in a partisan manner; accordingly costs and payments related to that issue are not to be borne by the estate and may be ordered against the executrices personally, with previously paid remuneration to be refunded as appropriate.

Citation
[2019] HKCFI 2609
Parties
Deceased Estate: Estate of YUNG YAU; Executrices / Applicants: Three Executrices; Executrix / Applicant: Fionne Choy; Beneficiaries / Respondents: Four Beneficiaries
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2019
Case Number
HCMP1568/2017
Procedural Posture
Probate and Administration (costs) / Decision on Costs (application to Vary Costs Order Nisi)
Outcome
Order nisi varied; additional remuneration to the executrix disallowed from the estate and costs relating to that issue not to be paid from the estate
Legal Topics
Executor Remuneration, Indemnity, Costs Order Nisi, Variation of Costs Order
Source Language
EN
Trusts and Estates Civil Procedure Costs Executor Remuneration Indemnity Costs Order Nisi Variation of Costs Order

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Parties

Estate of YUNG YAU

Deceased Estate

Three Executrices

Executrices / Applicants

Fionne Choy

Executrix / Applicant

Four Beneficiaries

Beneficiaries / Respondents

Procedural Posture

Probate and Administration (costs) / Decision on Costs (application to Vary Costs Order Nisi)

Legal Issues

  1. 1 Whether additional remuneration to an executrix (Fionne Choy) can be paid out of the deceased's estate
  2. 2 Whether the estate should indemnify the four beneficiaries for costs
  3. 3 Whether the executrices acted unreasonably such that costs should be disallowed from the estate and borne personally by the executrices

Ratio Decidendi

The Court refused to allow the proposed additional remuneration to Fionne Choy to be charged to the estate because it was for her personal use, unsupported by evidence of need, and advanced in a partisan manner; accordingly costs and payments related to that issue are not to be borne by the estate and may be ordered against the executrices personally, with previously paid remuneration to be refunded as appropriate.

Court Disposition

Order nisi varied; additional remuneration to the executrix disallowed from the estate and costs relating to that issue not to be paid from the estate

Orders

  • Costs order nisi varied
  • Proposed additional remuneration to Fionne Choy shall not be paid out of the deceased's estate