WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER

WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER

On the balance of probabilities the court found that Wong Wing Song and Wong Yee-Man were the same person; the earlier marriage to Shee Hom Wong (1921 customary marriage and/or common‑law marriage in New York by cohabitation/repute before April 1934) was valid and prior in time; at the time of the later ceremony the deceased lacked capacity to marry the 1st Plaintiff (domicile was New York), so the second marriage is not recognised and the 1st Plaintiff is not entitled to the intestate estate or representation; letters of administration are to be granted to Frank Wong (executor of Shee Hom Wong) and the estate is distributable to the lawful widow's estate and the sons under Chinese...

Citation
WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER
Parties
1st Plaintiff: WONG ZHONG LAN-XIANG; 2nd Plaintiff: WANG HUI-HONG; 3rd Plaintiff: WANG GUO-XING; 4th Plaintiff: WANG XIAO-HONG; 5th Plaintiff: WANG GUO-QIANG; 1st Defendant / Executor of the Last Will of Shee Hom Wong: FRANK WONG (aka KAI KOCK WONG); 5th Defendant: FRANK WONG (aka KAI KOCK WONG)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2002
Case Number
HCAP900002/1995
Procedural Posture
Probate Action (probate Action No. 900002 of 1995) / Judgment After Trial (court of First Instance)
Outcome
Judgment for Defendants on key issues: deceased identified as same person; first marriage valid; second marriage invalid; 1st Plaintiff not entitled to estate or representation; letters of administration to Frank Wong.
Legal Topics
Intestacy, Recognition of Foreign Marriage, Capacity to Marry, Domicile, Grant of Letters of Administration, Representation, Burden of Proof, Costs
Source Language
EN
Probate Family Law Conflict of Laws Succession Evidence Intestacy Recognition of Foreign Marriage Capacity to Marry +5 more

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Parties

WONG ZHONG LAN-XIANG

1st Plaintiff

WANG HUI-HONG

2nd Plaintiff

WANG GUO-XING

3rd Plaintiff

WANG XIAO-HONG

4th Plaintiff

WANG GUO-QIANG

5th Plaintiff

FRANK WONG (aka KAI KOCK WONG)

1st Defendant / Executor of the Last Will of Shee Hom Wong

FRANK WONG (aka KAI KOCK WONG)

5th Defendant

Procedural Posture

Probate Action (probate Action No. 900002 of 1995) / Judgment After Trial (court of First Instance)

Legal Issues

  1. 1 Whether Wong Wing Song and Wong Yee-Man are the same person
  2. 2 Validity of the 1921 marriage between the deceased and Shee Hom Wong
  3. 3 Validity of the later marriage between the deceased and the 1st Plaintiff

Ratio Decidendi

On the balance of probabilities the court found that Wong Wing Song and Wong Yee-Man were the same person; the earlier marriage to Shee Hom Wong (1921 customary marriage and/or common‑law marriage in New York by cohabitation/repute before April 1934) was valid and prior in time; at the time of the later ceremony the deceased lacked capacity to marry the 1st Plaintiff (domicile was New York), so the second marriage is not recognised and the 1st Plaintiff is not entitled to the intestate estate or representation; letters of administration are to be granted to Frank Wong (executor of Shee Hom Wong) and the estate is distributable to the lawful widow's estate and the sons under Chinese...

Court Disposition

Judgment for Defendants on key issues: deceased identified as same person; first marriage valid; second marriage invalid; 1st Plaintiff not entitled to estate or representation; letters of administration to Frank Wong.

Orders

  • Declaration that Wong Wing Song and Wong Yee-Man were one and the same person
  • Declaration that deceased was lawfully married to Shee Hom Wong (first marriage) and that marriage is recognised