RE LAI TIM TING

RE LAI TIM TING

The court preferred the older brother to take the grant because the younger brother's control of Tabine and his family's majority shareholding gave rise to a conflict and an interest incompatible with proper administration, compounded by the younger brother's delay, defective application materials and a disputed affidavit verifying estate values, rendering him unsuitable to be appointed administrator.

Citation
RE LAI TIM TING
Parties
Older Son; Applicant Under Rule 25(2) NCPR Seeking Appointment as Sole Administrator: Lai Sze Ming; Younger Son; Competing Applicant Who Withdrew His Initial Joint Application and Opposed by Older Brother: Lai Sze Wai; Wife of Lai Sze Wai; Co Applicant Who Withdrew Initial Application: So Sui Har; Widow; Caveator and Supporter of the Older Brother's Summons: Zhang Yinfeng
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2010
Case Number
HCCA196/2010
Procedural Posture
Non Contentious Probate Application for Letters of Administration With the Will Annexed / Hearing and Decision on Summons Under Rule 25(2) NCPR Before Master Levy
Outcome
Summons allowed; older brother to take the grant in preference to the younger brother; costs ordered against the younger brother
Legal Topics
Letters of Administration, Appointment of Administrator, Conflict of Interest, Estate Duty Affidavit, Costs
Source Language
EN
Probate Succession Estate Administration Civil Procedure Letters of Administration Appointment of Administrator Conflict of Interest Estate Duty Affidavit +1 more

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Parties

Lai Sze Ming

Older Son; Applicant Under Rule 25(2) NCPR Seeking Appointment as Sole Administrator

Lai Sze Wai

Younger Son; Competing Applicant Who Withdrew His Initial Joint Application and Opposed by Older Brother

So Sui Har

Wife of Lai Sze Wai; Co Applicant Who Withdrew Initial Application

Zhang Yinfeng

Widow; Caveator and Supporter of the Older Brother's Summons

Procedural Posture

Non Contentious Probate Application for Letters of Administration With the Will Annexed / Hearing and Decision on Summons Under Rule 25(2) NCPR Before Master Levy

Legal Issues

  1. 1 Which of two equally entitled applicants should be preferred for grant of letters of administration
  2. 2 Whether the younger son has an interest incompatible with proper administration (control of Tabine)
  3. 3 Whether delay and defective affidavit/application render an applicant unsuitable

Ratio Decidendi

The court preferred the older brother to take the grant because the younger brother's control of Tabine and his family's majority shareholding gave rise to a conflict and an interest incompatible with proper administration, compounded by the younger brother's delay, defective application materials and a disputed affidavit verifying estate values, rendering him unsuitable to be appointed administrator.

Court Disposition

Summons allowed; older brother to take the grant in preference to the younger brother; costs ordered against the younger brother

Orders

  • The older brother, if entitled, shall take the grant in preference to the younger brother
  • Younger brother to pay the costs of the Summons together with all costs reserved and certificate for counsel