RE LI YIP WANG

RE LI YIP WANG

The ex-parte application under section 36 PAO was declined because the applicant could not properly bypass the residuary legatee (the surviving wife) who has priority under rule 19 NCPR and because the Court will not permit the Estate Duty Office's investigations or Hong Kong probate procedures to be circumvented; the correct procedure is to obtain or reseal the wife's grant in Hong Kong and allow estate duty enquiries to run their course.

Citation
RE LI YIP WANG
Parties
Deceased: Ngmi ong, Merchant, deceased; Applicant / Proposed Administratrix: Au Yang, Joan M.C.; Residuary Legatee and Devisee (surviving Wife): Chan Wei Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2006
Case Number
HCEA38/2005
Procedural Posture
Non Contentious Probate Section 36 Application / Hearing and Decision on Ex Parte Application in Chambers
Outcome
Ex-parte application under section 36 PAO declined.
Legal Topics
Section 36 PAO, Priority of Grant Under NCPR, Letters of Administration With Will Annexed, Resealing Foreign Grant, Estate Duty Investigations
Source Language
EN
Probate and Administration Estate Duty/tax Civil Procedure Section 36 PAO Priority of Grant Under NCPR Letters of Administration With Will Annexed Resealing Foreign Grant Estate Duty Investigations

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Parties

Ngmi ong, Merchant, deceased

Deceased

Au Yang, Joan M.C.

Applicant / Proposed Administratrix

Chan Wei Cheung

Residuary Legatee and Devisee (surviving Wife)

Procedural Posture

Non Contentious Probate Section 36 Application / Hearing and Decision on Ex Parte Application in Chambers

Legal Issues

  1. 1 Whether the court should appoint an administrator under section 36 PAO bypassing persons with prior entitlement
  2. 2 Whether an applicant with a foreign grant can obtain letters of administration with will annexed without obtaining probate of the intermediate residuary legatee in Hong Kong
  3. 3 Whether the Estate Duty Office's investigations and estate duty procedures may be bypassed

Ratio Decidendi

The ex-parte application under section 36 PAO was declined because the applicant could not properly bypass the residuary legatee (the surviving wife) who has priority under rule 19 NCPR and because the Court will not permit the Estate Duty Office's investigations or Hong Kong probate procedures to be circumvented; the correct procedure is to obtain or reseal the wife's grant in Hong Kong and allow estate duty enquiries to run their course.

Court Disposition

Ex-parte application under section 36 PAO declined.

Orders

  • Ex-parte application under section 36 of the Probate and Administration Ordinance is refused.