WONG YUET YU v. CHAN HIU WAH

WONG YUET YU v. CHAN HIU WAH

Master held that joint administration was not viable due to hostility and lack of trust; the Wife enjoyed a prior right under rule 21 NCPR; the Daughter failed to show any disqualifying factors under section 36 PAO; appointment of two Hong Kong solicitors under the Wife's power of attorney pursuant to rule 30 NCPR does not amount to renunciation; surety was unnecessary given the attorneys and assurances; therefore the Wife was granted leave to withdraw the old application and to file a fresh application through the nominated attorneys, and the Daughter's competing summons was dismissed with costs orders as stated.

Citation
WONG YUET YU v. CHAN HIU WAH
Parties
Applicant (wife): Chan Hui Wah; Caveator (daughter): Wong Yuet Yu; Deceased: Wong Tin Lin; Interested Party (son): Wong Tai Shing Ivan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 2006
Case Number
HCCA1452/2002
Procedural Posture
Probate and Administration (letters of Administration) / Application/hearing and Reserved Decision on Appointment of Administrator(s)
Outcome
Wife's application agreed; leave to withdraw HCAG008960/1996 granted and leave to file a fresh application through nominated Hong Kong attorneys granted; Daughter's re-amended summons dismissed; costs orders made in favor of the Applicant subject to taxation.
Legal Topics
Letters of Administration, Appointment of Administrators, Non Contentious Probate Rules, Power of Attorney, Costs
Source Language
EN
Probate Succession Civil Procedure Letters of Administration Appointment of Administrators Non Contentious Probate Rules Power of Attorney Costs

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Parties

Chan Hui Wah

Applicant (wife)

Wong Yuet Yu

Caveator (daughter)

Wong Tin Lin

Deceased

Wong Tai Shing Ivan

Interested Party (son)

Procedural Posture

Probate and Administration (letters of Administration) / Application/hearing and Reserved Decision on Appointment of Administrator(s)

Legal Issues

  1. 1 Who is entitled to be granted letters of administration for the deceased's estate
  2. 2 Whether joint administration between the Wife and Daughter is appropriate
  3. 3 Whether the Wife's appointment of Hong Kong attorneys amounts to renunciation of her right

Ratio Decidendi

Master held that joint administration was not viable due to hostility and lack of trust; the Wife enjoyed a prior right under rule 21 NCPR; the Daughter failed to show any disqualifying factors under section 36 PAO; appointment of two Hong Kong solicitors under the Wife's power of attorney pursuant to rule 30 NCPR does not amount to renunciation; surety was unnecessary given the attorneys and assurances; therefore the Wife was granted leave to withdraw the old application and to file a fresh application through the nominated attorneys, and the Daughter's competing summons was dismissed with costs orders as stated.

Court Disposition

Wife's application agreed; leave to withdraw HCAG008960/1996 granted and leave to file a fresh application through nominated Hong Kong attorneys granted; Daughter's re-amended summons dismissed; costs orders made in favor of the Applicant subject to taxation.

Orders

  • Applicant (Wife) granted leave to withdraw Application No. HCAG008960 of 1996
  • Applicant granted leave to file a fresh application for Letters of Administration through her lawful attorneys Ma Wah Yan and Wong Chi Leung nominated and appointed jointly and severally under Power of Attorney dated 2 March 2004