KWOK MAY SIN KYLIE (IN HER PERSONAL CAPACITY AND IN HER CAPACITY AS THE INTENDED PERSONAL REPRESENTATIVE OF THE ESTATE OF KWOK MEI LUNG, DECEASED) v. FU KE AN

KWOK MAY SIN KYLIE (IN HER PERSONAL CAPACITY AND IN HER CAPACITY AS THE INTENDED PERSONAL REPRESENTATIVE OF THE ESTATE OF KWOK MEI LUNG, DECEASED) v. FU KE AN

The LA Grant was revoked and probate granted to the plaintiff because a valid solicitor‑drafted will existed and had been properly attested and proved, and because the defendant obtained the ex parte letters of administration without disclosing material facts and without exercising the required due diligence; accordingly the defendant must bear the costs of the proceedings on an indemnity basis.

Citation
[2020] HKCFI 343
Parties
Plaintiff (sister, Sole Executrix and Beneficiary Under Will): Kwok May Sin Kylie; Defendant (grantee of Letters of Administration): Defendant (husband of the deceased); Deceased: Kwok Mei Lung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2020
Case Number
HCMP302/2018
Procedural Posture
Probate and Administration Revocation of Letters of Administration and Grant of Probate / Judgment: Reasons for Decision and Decision on Costs (high Court Hearing and Order)
Outcome
The court revoked the letters of administration granted to the defendant, ordered grant of probate to the plaintiff, made consequential trust and vesting orders in favour of the plaintiff, and ordered the defendant to pay the plaintiff's costs on an indemnity basis.
Legal Topics
Revocation of Letters of Administration, Grant of Probate, Full and Frank Disclosure in Ex Parte Probate Applications, Duty of Due Diligence When Applying for Grant, Proof and Propounding of a Will, Costs on Indemnity Basis
Source Language
EN
Probate Administration of Estates Civil Procedure Costs Revocation of Letters of Administration Grant of Probate Full and Frank Disclosure in Ex Parte Probate Applications Duty of Due Diligence When Applying for Grant +2 more

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Parties

Kwok May Sin Kylie

Plaintiff (sister, Sole Executrix and Beneficiary Under Will)

Defendant (husband of the deceased)

Defendant (grantee of Letters of Administration)

Kwok Mei Lung

Deceased

Procedural Posture

Probate and Administration Revocation of Letters of Administration and Grant of Probate / Judgment: Reasons for Decision and Decision on Costs (high Court Hearing and Order)

Legal Issues

  1. 1 Whether the letters of administration granted to the defendant should be revoked
  2. 2 Whether the Will dated 23 August 2016 is valid and properly proved
  3. 3 Whether the defendant failed to make full and frank disclosure and to exercise due diligence before obtaining the LA Grant

Ratio Decidendi

The LA Grant was revoked and probate granted to the plaintiff because a valid solicitor‑drafted will existed and had been properly attested and proved, and because the defendant obtained the ex parte letters of administration without disclosing material facts and without exercising the required due diligence; accordingly the defendant must bear the costs of the proceedings on an indemnity basis.

Court Disposition

The court revoked the letters of administration granted to the defendant, ordered grant of probate to the plaintiff, made consequential trust and vesting orders in favour of the plaintiff, and ordered the defendant to pay the plaintiff's costs on an indemnity basis.

Orders

  • Revocation of the letters of administration granted to the defendant under Grant No HCAG 2651/2018 dated 28 February 2018
  • Grant of probate to the plaintiff in respect of the Deceased's estate upon compliance with any Probate Registry requisitions