LAU HAU CHU v. IP KAM

LAU HAU CHU v. IP KAM

Judge accepted credible evidence that the Will was explained to and understood by the deceased and that the 1st defendant was present and aware; the 1st defendant made a false affirmation of intestacy; accordingly the general Letters of Administration obtained by false statement were revoked, the Will was admitted to probate limited to the interests under the Will, and the caveat withdrawn.

Citation
LAU HAU CHU v. IP KAM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 July 2005
Case Number
HCAP6/2002
Procedural Posture
Probate and Administration (revocation of Letters of Administration) / Judgment at Trial
Outcome
Judgment for the plaintiff; Letters of Administration revoked; Will admitted to probate in solemn form limited to interests under the Will; caveat withdrawn; costs to plaintiff
Legal Topics
Revocation of Letters of Administration, Validity of Will, Caveat Withdrawal, Limited Grant of Probate, False Affidavit in Probate Application, Testamentary Capacity
Source Language
EN
Probate Wills and Succession Administration of Estates Civil Procedure Property/tenancy (public Markets) Revocation of Letters of Administration Validity of Will Caveat Withdrawal +3 more

Case Brief

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Procedural Posture

Probate and Administration (revocation of Letters of Administration) / Judgment at Trial

Legal Issues

  1. 1 Whether the Will was validly executed and the deceased knew and approved its contents
  2. 2 Whether the 1st defendant made a false or incorrect statement in her affirmation that the deceased died intestate
  3. 3 Whether the Letters of Administration should be revoked and a limited grant of probate to the plaintiff should be made

Ratio Decidendi

Judge accepted credible evidence that the Will was explained to and understood by the deceased and that the 1st defendant was present and aware; the 1st defendant made a false affirmation of intestacy; accordingly the general Letters of Administration obtained by false statement were revoked, the Will was admitted to probate limited to the interests under the Will, and the caveat withdrawn.

Court Disposition

Judgment for the plaintiff; Letters of Administration revoked; Will admitted to probate in solemn form limited to interests under the Will; caveat withdrawn; costs to plaintiff

Orders

  • The Letter of Administration of the estate of the deceased issued to the 1st defendant is revoked.
  • The caveat entered by the 2nd defendant on his behalf and on behalf of the 1st defendant is withdrawn.