RE LAI SHUN

RE LAI SHUN

The grant of letters of administration was revoked because a valid will was discovered post-grant which disposed of the flat and therefore the original grant should not have been made; however, the administratrix acted in good faith in relation to the reported cash sum and is protected under section 57(1) PAO and entitled under s4(3) Intestates' Estates Ordinance, so no order was made for repayment of HK$37,377.83 and matters of estate administration and any account or recovery are for the future administrator under Rule 19 NCPR and s67 PAO.

Citation
RE LAI SHUN
Parties
Applicant / Administratrix: Madam Chan; Interested Party / Son: Lai Cheong Wing; Interested Party / Daughter: Lai Ka Yan; Estate / Respondent: Estate of the Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2011
Case Number
HCMP439/2011
Procedural Posture
Application for Revocation of Grant of Letters of Administration / Judgment on Application in Chambers
Outcome
Grant of letters of administration to Madam Chan revoked; no order for repayment of HK$37,377.83; administration matters to be dealt with by a future administrator.
Legal Topics
Revocation of Grant of Letters of Administration, Discovery of Will After Grant, Administrator's Protection Under Statute, Distribution of Partial Intestacy
Source Language
EN
Probate Estate Administration Intestacy Revocation of Grant of Letters of Administration Discovery of Will After Grant Administrator's Protection Under Statute Distribution of Partial Intestacy

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Parties

Madam Chan

Applicant / Administratrix

Lai Cheong Wing

Interested Party / Son

Lai Ka Yan

Interested Party / Daughter

Estate of the Deceased

Estate / Respondent

Procedural Posture

Application for Revocation of Grant of Letters of Administration / Judgment on Application in Chambers

Legal Issues

  1. 1 Whether the grant of letters of administration should be revoked because a will was discovered after grant
  2. 2 Whether the administratrix must repay HK$37,377.83 used from the estate
  3. 3 Whether the administratrix is protected by section 57(1) of the PAO and entitled under Intestates' Estates Ordinance

Ratio Decidendi

The grant of letters of administration was revoked because a valid will was discovered post-grant which disposed of the flat and therefore the original grant should not have been made; however, the administratrix acted in good faith in relation to the reported cash sum and is protected under section 57(1) PAO and entitled under s4(3) Intestates' Estates Ordinance, so no order was made for repayment of HK$37,377.83 and matters of estate administration and any account or recovery are for the future administrator under Rule 19 NCPR and s67 PAO.

Court Disposition

Grant of letters of administration to Madam Chan revoked; no order for repayment of HK$37,377.83; administration matters to be dealt with by a future administrator.

Orders

  • Revocation of the grant of letters of administration to Madam Chan
  • No order for recovery from Madam Chan in respect of HK$37,377.83; payment held to be in good faith and protected by s57(1) PAO and entitlement under s4(3) Intestates' Estates Ordinance