TAM SING YU ANITA v. CHU CHUNG YAN DAVID AND ANOTHER

TAM SING YU ANITA v. CHU CHUNG YAN DAVID AND ANOTHER

The applicant discharged the burden to establish that the will was duly signed; the court granted the plaintiff's draft order with modifications to deadlines for accounts and delivery, and ordered that both parties' costs be paid out of the estate on a common fund basis rather than being borne personally by the 1st defendant.

Citation
[2023] HKCFI 385
Parties
Plaintiff (executrix/applicant): Tam Sing Yu Anita; 1st Defendant (administrator/attorney): Chu Chun An David; 2nd Defendant: Fong Kow Wah Gerald
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 February 2023
Case Number
HCAP25/2022
Procedural Posture
Probate Action / Decision (chambers) 7 February 2023
Outcome
Order granted in terms of plaintiff's draft with modifications; will admitted as duly signed; consequential orders made; costs to be paid from the estate on a common fund basis.
Legal Topics
Validity of Will, Revocation of Letters of Administration, Costs Orders, Administration of Estate
Source Language
EN
Probate Succession Civil Procedure Validity of Will Revocation of Letters of Administration Costs Orders Administration of Estate

Case Brief

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Parties

Tam Sing Yu Anita

Plaintiff (executrix/applicant)

Chu Chun An David

1st Defendant (administrator/attorney)

Fong Kow Wah Gerald

2nd Defendant

Procedural Posture

Probate Action / Decision (chambers) 7 February 2023

Legal Issues

  1. 1 Whether the will was duly signed and valid
  2. 2 Whether the letters of administration should be revoked in light of the will
  3. 3 Who should bear the costs of the proceedings and on what basis

Ratio Decidendi

The applicant discharged the burden to establish that the will was duly signed; the court granted the plaintiff's draft order with modifications to deadlines for accounts and delivery, and ordered that both parties' costs be paid out of the estate on a common fund basis rather than being borne personally by the 1st defendant.

Court Disposition

Order granted in terms of plaintiff's draft with modifications; will admitted as duly signed; consequential orders made; costs to be paid from the estate on a common fund basis.

Orders

  • Order in terms of the plaintiff's draft (admitting the will and consequential orders) granted with modifications
  • Defendants to render accounts within 42 days from the date of the judgment