LEE CHARLES v. LEE YAN CHUN AND OTHERS

LEE CHARLES v. LEE YAN CHUN AND OTHERS

The court granted leave to amend and to join the additional defendants because the validity and effect of the Deed is a question arising in the administration of the estate which must be determined in the same action; the executors (D1–D3) are necessary parties under Order 85 r.3(1) and Order 15 r.6, and it is just...

Source-derived case information.

Citation
LEE CHARLES v. LEE YAN CHUN AND OTHERS
Parties
Plaintiff; Residuary Beneficiary: Plaintiff; Defendant; Executor and Trustee: Lee Yan Chun; Defendant; Executor and Trustee; Personal Representative of Ng Ming Fun (deceased): Li Yeung Tak Lugee; Defendant; Executor and Trustee: Lee Annie Yeung Ning; Defendant; Beneficiary; Proposed Defendant: Wong Yu Ching; Defendant; Beneficiary; Proposed Defendant: Lee Yeung Chuen; Defendant; Beneficiary; Proposed Defendant: Lee Yeung Kong; Defendant; Beneficiary; Proposed Defendant: Lee Yau Fun Cindy; Defendant; Beneficiary; Proposed Defendant: Li Yeung Hing; Defendant; Beneficiary; Proposed Defendant; Sister of Plaintiff: Lee Dianna Yeung Chu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2008
Case Number
HCMP1709/2007
Procedural Posture
Probate and Administration; Miscellaneous Proceedings Under Order 85 RHC / Application for Leave to Amend Originating Summons and to Join Additional Defendants; Chambers Hearing (application Heard 23 Sep 2008; Judgment 30 Sep 2008)
Outcome
Application granted in part: leave to amend originating summons and to join additional defendants granted; leave to serve out on D5 and D6 granted; costs ordered nisi against D1, D2 and D3
Legal Topics
Joinder of Parties, Variation of Wills and Testamentary Dispositions, Enforceability of Deed Between Residuary Beneficiaries, Duties and Removal of Executors, Service Out of Jurisdiction
Source Language
en
Probate Trusts and Trustees Civil Procedure Joinder of Parties Variation of Wills and Testamentary Dispositions Enforceability of Deed Between Residuary Beneficiaries Duties and Removal of Executors Service Out of Jurisdiction

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Parties

Plaintiff

Plaintiff; Residuary Beneficiary

Lee Yan Chun

Defendant; Executor and Trustee

Li Yeung Tak Lugee

Defendant; Executor and Trustee; Personal Representative of Ng Ming Fun (deceased)

Lee Annie Yeung Ning

Defendant; Executor and Trustee

Wong Yu Ching

Defendant; Beneficiary; Proposed Defendant

Lee Yeung Chuen

Defendant; Beneficiary; Proposed Defendant

Lee Yeung Kong

Defendant; Beneficiary; Proposed Defendant

Lee Yau Fun Cindy

Defendant; Beneficiary; Proposed Defendant

Li Yeung Hing

Defendant; Beneficiary; Proposed Defendant

Lee Dianna Yeung Chu

Defendant; Beneficiary; Proposed Defendant; Sister of Plaintiff

Procedural Posture

Probate and Administration; Miscellaneous Proceedings Under Order 85 RHC / Application for Leave to Amend Originating Summons and to Join Additional Defendants; Chambers Hearing (application Heard 23 Sep 2008; Judgment 30 Sep 2008)

Legal Issues

  1. 1 Whether the Deed dated 8 June 2004 is valid, binding and enforceable and amounts to a variation of dispositions under the Will
  2. 2 Whether additional beneficiaries (D4–D9) should be joined as defendants
  3. 3 Whether the executors D1–D3 are necessary parties to proceedings to determine the validity/effect of the Deed

Ratio Decidendi

The court granted leave to amend and to join the additional defendants because the validity and effect of the Deed is a question arising in the administration of the estate which must be determined in the same action; the executors (D1–D3) are necessary parties under Order 85 r.3(1) and Order 15 r.6, and it is just and convenient for the matter to be determined in one proceeding rather than multiple actions; accordingly amendment and joinder, service out on D5 and D6 and liberty to apply were ordered and costs nisi were awarded against D1–D3.

Court Disposition

Application granted in part: leave to amend originating summons and to join additional defendants granted; leave to serve out on D5 and D6 granted; costs ordered nisi against D1, D2 and D3

Orders

  • Leave granted to plaintiff to amend the originating summons in the terms of the draft annexed to the amended summons dated 23 July 2008 with correction that in paragraph 5 of the prayer the word 'Defendants' should be D1, D2 and D3
  • Leave granted to join D4, D5, D6, D7, D8 and D9 as defendants