TSANG CHOI NGUN (suing as one of the executors and trustees of the estate of WONG WAI FONG, deceased) v. WONG WAN CHI ANITA

TSANG CHOI NGUN (suing as one of the executors and trustees of the estate of WONG WAI FONG, deceased) v. WONG WAN CHI ANITA

The grant of probate was revoked and the Defendant removed as executrix because the Defendant obstructed administration, claimed to have destroyed the grant, refused to cooperate and became unresponsive, creating a supervening defect that justified revocation rather than mere removal; a fresh grant to the Plaintiff as sole executrix was ordered to avoid further delay, and costs were awarded to the Plaintiff on an indemnity basis in the sum of HKD 150,000, with the Plaintiff's own costs to be paid from the estate.

Citation
[2021] HKCFI 777
Parties
Plaintiff; One of the Executors and Trustees of the Estate of Wong Wai Fong (deceased): Tsang Choi Ngun; Defendant; Joint Executrix of the Will of Wong Wai Fong (deceased): Wong Wan Chi Anita
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2021
Case Number
HCMP223/2020
Procedural Posture
Probate and Administration (revocation/removal of Grant and Executrix) / Judgment (court of First Instance)
Outcome
Amendment application granted; grant of probate revoked; Defendant removed as executrix; fresh grant to be issued to Plaintiff as sole executrix upon compliance with Probate Registry requirements; Defendant ordered to lodge original grant with Probate Registry within 14 days; Defendant to pay Plaintiff's costs on...
Legal Topics
Revocation of Grant, Removal of Executor/executrix, Assent and Vesting, Amendment of Originating Summons, Service Out of Jurisdiction, Costs Assessment
Source Language
EN
Probate Succession Administration of Estates Civil Procedure Revocation of Grant Removal of Executor/executrix Assent and Vesting Amendment of Originating Summons +2 more

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Parties

Tsang Choi Ngun

Plaintiff; One of the Executors and Trustees of the Estate of Wong Wai Fong (deceased)

Wong Wan Chi Anita

Defendant; Joint Executrix of the Will of Wong Wai Fong (deceased)

Procedural Posture

Probate and Administration (revocation/removal of Grant and Executrix) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the grant of probate should be revoked
  2. 2 Whether the Defendant should be removed as executrix
  3. 3 Whether a fresh grant should be issued to the Plaintiff as sole executrix

Ratio Decidendi

The grant of probate was revoked and the Defendant removed as executrix because the Defendant obstructed administration, claimed to have destroyed the grant, refused to cooperate and became unresponsive, creating a supervening defect that justified revocation rather than mere removal; a fresh grant to the Plaintiff as sole executrix was ordered to avoid further delay, and costs were awarded to the Plaintiff on an indemnity basis in the sum of HKD 150,000, with the Plaintiff's own costs to be paid from the estate.

Court Disposition

Amendment application granted; grant of probate revoked; Defendant removed as executrix; fresh grant to be issued to Plaintiff as sole executrix upon compliance with Probate Registry requirements; Defendant ordered to lodge original grant with Probate Registry within 14 days; Defendant to pay Plaintiff's costs on...

Orders

  • Amendment of the originating summons granted to include revocation relief
  • The grant of probate dated 29 October 2019 is revoked