RE YIP YUEN KAM

RE YIP YUEN KAM

Where an applicant for letters of administration omits material matters (here, immovable properties) from the supporting affirmation and fails to show she made adequate inquiries of relatives likely to know of a will, the court is entitled to refuse to leave the grant undisturbed and to require further evidence or revoke the grant under s33; accordingly the application was adjourned and the applicant ordered to file a supplemental affirmation explaining inquiries and disclosures.

Citation
RE YIP YUEN KAM
Parties
Applicant/administratrix of the Estate of Yeh Lien Teh: Yip Yuen Kam; Deceased: Yeh Lien Teh
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2008
Case Number
HCMP1809/2008
Procedural Posture
Probate and Administration: Revocation of Letters of Administration Under Section 33 / Chambers Application for Revocation; Adjourned for Supplemental Affirmation
Outcome
Application adjourned; court directed further evidence rather than immediate revocation pending supplemental affirmation
Legal Topics
Revocation of Letters of Administration, Due Diligence in Grant Applications, Affirmation and Disclosure of Assets, Discovery of Subsequent Will, Section 33 P&a Ordinance
Source Language
EN
Probate Wills and Succession Administration of Estates Civil Procedure Revocation of Letters of Administration Due Diligence in Grant Applications Affirmation and Disclosure of Assets Discovery of Subsequent Will +1 more

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Parties

Yip Yuen Kam

Applicant/administratrix of the Estate of Yeh Lien Teh

Yeh Lien Teh

Deceased

Procedural Posture

Probate and Administration: Revocation of Letters of Administration Under Section 33 / Chambers Application for Revocation; Adjourned for Supplemental Affirmation

Legal Issues

  1. 1 Whether letters of administration should be revoked after discovery of a later will
  2. 2 Whether the applicant exercised required due diligence in searching for a will and in completing her affirmation
  3. 3 Whether omission of immovable properties from the affirmation amounted to a material defect justifying revocation or further inquiry

Ratio Decidendi

Where an applicant for letters of administration omits material matters (here, immovable properties) from the supporting affirmation and fails to show she made adequate inquiries of relatives likely to know of a will, the court is entitled to refuse to leave the grant undisturbed and to require further evidence or revoke the grant under s33; accordingly the application was adjourned and the applicant ordered to file a supplemental affirmation explaining inquiries and disclosures.

Court Disposition

Application adjourned; court directed further evidence rather than immediate revocation pending supplemental affirmation

Orders

  • Applicant to file a supplemental affirmation within 14 days addressing inquiries made of relatives and disclosure of immovable properties
  • Court to consider disposal on paper after reading the supplemental affirmation unless court directs a further hearing