YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS

YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS

The Court refused to allow additional remuneration to Fionne Choy to be paid from the estate and disallowed costs attributable to that contested remuneration from being charged to the estate because the proposal was partisan and for personal benefit, there was no supporting evidence of need, and the executrices' conduct was unreasonable, thereby justifying refusal to indemnify such costs from estate funds.

Citation
[2019] HKCFI 2609
Parties
Deceased's Estate: Estate of Yung Yau; Executrix / Applicant Seeking Additional Remuneration: Fionne Choy; Applicants Seeking Variation of Costs Order Nisi: Three Executrices; Respondents Opposing Additional Remuneration and Seeking Costs: Four Beneficiaries
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 October 2019
Case Number
HCMP1682/2016
Procedural Posture
Miscellaneous Probate/probate Costs Proceedings / Decision on Costs (variation of Costs Order Nisi)
Outcome
Costs order nisi varied: additional remuneration for Fionne Choy refused; costs relating to the contested additional remuneration shall not be paid out of the Deceased's estate due to unreasonable and partisan conduct by the executrices
Legal Topics
Executors' Remuneration, Costs Orders, Indemnity of Beneficiaries, Unreasonable Conduct by Personal Representatives
Source Language
EN
Trusts and Estates Probate Civil Procedure Costs Executors' Remuneration Costs Orders Indemnity of Beneficiaries Unreasonable Conduct by Personal Representatives

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Parties

Estate of Yung Yau

Deceased's Estate

Fionne Choy

Executrix / Applicant Seeking Additional Remuneration

Three Executrices

Applicants Seeking Variation of Costs Order Nisi

Four Beneficiaries

Respondents Opposing Additional Remuneration and Seeking Costs

Procedural Posture

Miscellaneous Probate/probate Costs Proceedings / Decision on Costs (variation of Costs Order Nisi)

Legal Issues

  1. 1 Whether additional remuneration payable to an executrix (Fionne Choy) may be paid from the Deceased's estate
  2. 2 Whether costs of the contested application should be paid out of the estate or personally by the executrices
  3. 3 Whether the executrices' conduct was unreasonable such that costs should be disallowed from the estate

Ratio Decidendi

The Court refused to allow additional remuneration to Fionne Choy to be paid from the estate and disallowed costs attributable to that contested remuneration from being charged to the estate because the proposal was partisan and for personal benefit, there was no supporting evidence of need, and the executrices' conduct was unreasonable, thereby justifying refusal to indemnify such costs from estate funds.

Court Disposition

Costs order nisi varied: additional remuneration for Fionne Choy refused; costs relating to the contested additional remuneration shall not be paid out of the Deceased's estate due to unreasonable and partisan conduct by the executrices

Orders

  • Refuse payment from the estate of any additional remuneration to Fionne Choy for personal use
  • Disallow recovery from the Deceased's estate of costs incurred in relation to the contested additional remuneration; relevant costs to be borne personally by the executrices responsible for the conduct