RE KWAN YING MAN

RE KWAN YING MAN

Refusal by the Probate Master to grant an appointment was contrary to established practice and wrong in principle; the Probate Master must hear submissions on outstanding requisitions because decisions by probate officers without hearing do not constitute a Registrar's decision for the purposes of appeal under Rule 62; the matter is remitted to the Probate Master to hear the applicant's submissions.

Citation
RE KWAN YING MAN
Parties
Applicant for Grant of Probate: Applicant; Respondent (probate Registry): Probate Registrar / Senior Probate Officer; Deceased: Kwan Ying Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 1995
Case Number
HCAP2302/1994
Procedural Posture
Non Contentious Probate / Appeal to High Court (probate Jurisdiction) Under Rule 62; Hearing in Chambers
Outcome
Appeal allowed in part; refusal to grant appointment set aside and matter remitted to Probate Master for hearing; costs ordered nisi
Legal Topics
Non Contentious Probate, Requisitions, Appointment With Probate Master, Appeal Under Rule 62
Source Language
EN
Probate Civil Procedure Estate Administration Non Contentious Probate Requisitions Appointment With Probate Master Appeal Under Rule 62

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Parties

Applicant

Applicant for Grant of Probate

Probate Registrar / Senior Probate Officer

Respondent (probate Registry)

Kwan Ying Man

Deceased

Procedural Posture

Non Contentious Probate / Appeal to High Court (probate Jurisdiction) Under Rule 62; Hearing in Chambers

Legal Issues

  1. 1 Whether a Probate Master may refuse an appointment to hear submissions in a non-contentious probate matter
  2. 2 Whether requisitions issued by Probate Officers without hearing constitute a decision of the Registrar
  3. 3 What constitutes acceptable proof of death and whether evidence must be given by an independent witness

Ratio Decidendi

Refusal by the Probate Master to grant an appointment was contrary to established practice and wrong in principle; the Probate Master must hear submissions on outstanding requisitions because decisions by probate officers without hearing do not constitute a Registrar's decision for the purposes of appeal under Rule 62; the matter is remitted to the Probate Master to hear the applicant's submissions.

Court Disposition

Appeal allowed in part; refusal to grant appointment set aside and matter remitted to Probate Master for hearing; costs ordered nisi

Orders

  • Probate Master shall hear submissions from the Applicant's solicitors on appointment in respect of the outstanding requisitions
  • Matter remitted to the Probate Master to entertain the Applicant's application regarding the outstanding requisitions