RE SIK TANG YUET

RE SIK TANG YUET

An executor who holds multiple capacities under the will must expressly renounce each capacity in the renunciation in accordance with Rule 35(1) and the Specified Form No.9; the renunciation as filed was insufficiently specific and the requisitions must be complied with, although the Master exercised limited discretion to allow a filed affidavit confirming the renunciant's informed renunciation of the r19(ii) capacity in lieu of amending the form on a without-precedent basis.

Citation
RE SIK TANG YUET
Parties
Deceased: Monk (the Deceased); First Son; Executor and Trustee; Renunciant: Cheung Hung Neng; Applicant; Residuary Beneficiary: Applicant (second son)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2006
Case Number
HCAG2993/2005
Procedural Posture
Non Contentious Probate (ncpr) / Application for Grant; Hearing on Renunciation; Reserved Decision
Outcome
Requisitions upheld; renunciation as filed inadequate to show all capacities renounced but, on a without-precedent basis, amendment not required provided an affidavit is filed confirming informed and express renunciation of the r19(ii) capacity.
Legal Topics
Renunciation of Probate, Order of Priority for Grant (rule 19 Ncpr), Executor Capacities, Specified Form No.9
Source Language
EN
Probate Wills Estate Administration Civil Procedure Renunciation of Probate Order of Priority for Grant (rule 19 Ncpr) Executor Capacities Specified Form No.9

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Parties

Monk (the Deceased)

Deceased

Cheung Hung Neng

First Son; Executor and Trustee; Renunciant

Applicant (second son)

Applicant; Residuary Beneficiary

Procedural Posture

Non Contentious Probate (ncpr) / Application for Grant; Hearing on Renunciation; Reserved Decision

Legal Issues

  1. 1 Whether an executor who holds multiple capacities under a will must expressly renounce each capacity in a renunciation
  2. 2 Whether the wording in the prescribed renunciation form (Specified Form No.9) is sufficient where the executor also holds lower capacities under Rule 19 NCPR
  3. 3 Whether an affidavit confirming renunciation can substitute for amendment of the renunciation form

Ratio Decidendi

An executor who holds multiple capacities under the will must expressly renounce each capacity in the renunciation in accordance with Rule 35(1) and the Specified Form No.9; the renunciation as filed was insufficiently specific and the requisitions must be complied with, although the Master exercised limited discretion to allow a filed affidavit confirming the renunciant's informed renunciation of the r19(ii) capacity in lieu of amending the form on a without-precedent basis.

Court Disposition

Requisitions upheld; renunciation as filed inadequate to show all capacities renounced but, on a without-precedent basis, amendment not required provided an affidavit is filed confirming informed and express renunciation of the r19(ii) capacity.

Orders

  • Requisitions raised by the officer are to be complied with and the renunciation must identify the capacities renounced as required by Rule 19 and Specified Form No.9
  • On a without-precedent basis, the renunciation need not be amended if an affidavit from Mr. K.H. Chan is filed confirming that the renunciant has been informed of the requisitions and has agreed to renounce his right to the grant as per Rule 19(ii) NCPR