LEE KWAI KEUNG v. KWO SZE

LEE KWAI KEUNG v. KWO SZE

The consent summonses were dismissed because the plaintiffs failed to adduce any evidence proving the due execution or validity of the wills, there were unexplained and inexplicable dispositions and relationships raising questions about validity, procedural requirements had not been complied with, and the court was not prepared to try the probate actions on affidavit evidence or to grant probate in solemn form by consent without examination of underlying evidence.

Citation
[2019] HKCFI 925
Parties
Plaintiff (hcap 19/2017): Chu Pong Yuen; Plaintiff (hcap 27/2017): Lee Kwai Keung; Defendant (hcap 19/2017): Madam Lee; Defendant (hcap 27/2017): Madam Kwo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2019
Case Number
HCAP27/2017
Procedural Posture
Probate Action Seeking Revocation of Letters of Administration and Grant of Probate / Consent Summons; Directed Oral Hearing on Consent Summonses
Outcome
The 1st and 2nd consent summonses were dismissed.
Legal Topics
Revocation of Grant of Letters of Administration, Probate in Solemn Form, Affidavit of Testamentary Scripts, Consent Summons Procedure, Trial on Affidavit Evidence, Proof of Due Execution of a Will
Source Language
EN
Probate Wills and Succession Civil Procedure Revocation of Grant of Letters of Administration Probate in Solemn Form Affidavit of Testamentary Scripts Consent Summons Procedure Trial on Affidavit Evidence +1 more

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Parties

Chu Pong Yuen

Plaintiff (hcap 19/2017)

Lee Kwai Keung

Plaintiff (hcap 27/2017)

Madam Lee

Defendant (hcap 19/2017)

Madam Kwo

Defendant (hcap 27/2017)

Procedural Posture

Probate Action Seeking Revocation of Letters of Administration and Grant of Probate / Consent Summons; Directed Oral Hearing on Consent Summonses

Legal Issues

  1. 1 Whether consent summonses could be granted to revoke grants of letters of administration and to grant probate without evidence proving due execution of the wills
  2. 2 Whether parties complied with procedural requirements under Order 76
  3. 3 Whether the court should try the probate actions on affidavit evidence

Ratio Decidendi

The consent summonses were dismissed because the plaintiffs failed to adduce any evidence proving the due execution or validity of the wills, there were unexplained and inexplicable dispositions and relationships raising questions about validity, procedural requirements had not been complied with, and the court was not prepared to try the probate actions on affidavit evidence or to grant probate in solemn form by consent without examination of underlying evidence.

Court Disposition

The 1st and 2nd consent summonses were dismissed.

Orders

  • Dismissal of the consent summonses in HCAP 19/2017 and HCAP 27/2017
  • No order as to costs