RE CHUNG HSIOA FENG

RE CHUNG HSIOA FENG

The court found that the outstanding requisitions were substantially answered by the solicitor's letter and the amendment to the 2nd Oath; consequently the Daughters are entitled to inherit and administer the deceased's estate under the law of domicile and letters of administration are to be issued to their lawful attorney upon payment of prescribed fees, and the solicitor (Mr Lau) is directed to file a corrective affidavit within 14 days in the Husband's Application to correct the erroneous averment about the Sons.

Citation
RE CHUNG HSIOA FENG
Parties
Deceased: The Deceased; Applicants: Daughters; Attorney/solicitor: Mr Lau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2013
Case Number
HCAG15196/2012
Procedural Posture
Probate/letters of Administration / Postscript Decision Following Appointment Hearing Directions
Outcome
Direction in the earlier Decision is superseded; outstanding directions are substantially answered and letters of administration to be issued to the Daughters' lawful attorney upon payment of prescribed fees.
Legal Topics
Letters of Administration, Appointment Hearing, Rectification of Affidavit, Requisitions, Non Contentious Probate
Source Language
EN
Probate Succession Civil Procedure Letters of Administration Appointment Hearing Rectification of Affidavit Requisitions Non Contentious Probate

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Parties

The Deceased

Deceased

Daughters

Applicants

Mr Lau

Attorney/solicitor

Procedural Posture

Probate/letters of Administration / Postscript Decision Following Appointment Hearing Directions

Legal Issues

  1. 1 Whether outstanding requisitions have been substantially answered
  2. 2 Whether the Daughters are entitled to inherit and administer the deceased's estate under law of domicile
  3. 3 Whether the solicitor/attorney (Mr Lau) must attend an appointment hearing

Ratio Decidendi

The court found that the outstanding requisitions were substantially answered by the solicitor's letter and the amendment to the 2nd Oath; consequently the Daughters are entitled to inherit and administer the deceased's estate under the law of domicile and letters of administration are to be issued to their lawful attorney upon payment of prescribed fees, and the solicitor (Mr Lau) is directed to file a corrective affidavit within 14 days in the Husband's Application to correct the erroneous averment about the Sons.

Court Disposition

Direction in the earlier Decision is superseded; outstanding directions are substantially answered and letters of administration to be issued to the Daughters' lawful attorney upon payment of prescribed fees.

Orders

  • Letters of administration to be issued to the Daughters' lawful attorney, Mr Lau, upon payment of the prescribed fees.
  • Mr Lau to file a short corrective affidavit in the Husband's Application within 14 days to correct the erroneous averment that the Sons were begotten by the deceased.