RE YIP HO

RE YIP HO

Specified forms for administrator's oath/affirmation made under statutory authority are mandatory in form and substance; omissions that render the specified form incomplete or incorrect must be rectified by amending and re-affirming the oath where the information required by the form is lacking. The Registrar validly may raise requisitions under rule 5(1) on the legal status of children and marriages; such enquiries must be answered to the Registrar's satisfaction and may require amendment and re-affirmation if they demonstrate the affirmation is incorrect.

Citation
RE YIP HO
Parties
Deceased: Yip Ho; Intended Administrator/applicant: Applicant (intended administrator); Deceased: Chan Hung Yan; Applicant (widow/administratrix): Chan Sheet Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2004
Case Number
HCAG566/2000
Procedural Posture
Non Contentious Probate Appeals / Appeal From Probate Master's Decision Under Rule 62 of the Non Contentious Probate Rules
Outcome
HCAG 566/2000 dismissed; HCAG 24/2004 dismissed subject to variation requiring the Applicant to clarify to the Registrar the legal status of the four sons and to amend and re-affirm the affirmation if it is incorrect
Legal Topics
Administrator's Oath and Affirmation, Requisitions by Registrar, Legitimacy and Legitimation, Chinese Customary and Modern Marriage, Compliance With Statutory Forms
Source Language
EN
Probate and Administration Family Law Marriage Law Administrative Law Administrator's Oath and Affirmation Requisitions by Registrar Legitimacy and Legitimation Chinese Customary and Modern Marriage +1 more

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Parties

Yip Ho

Deceased

Applicant (intended administrator)

Intended Administrator/applicant

Chan Hung Yan

Deceased

Chan Sheet Ping

Applicant (widow/administratrix)

Procedural Posture

Non Contentious Probate Appeals / Appeal From Probate Master's Decision Under Rule 62 of the Non Contentious Probate Rules

Legal Issues

  1. 1 Whether applicants must adhere to specified statutory forms for administrator's oath/affirmation
  2. 2 Whether omission of a surviving child's name from specified paragraphs is permissible where special paragraph added
  3. 3 Whether the Registrar may raise requisitions on the lawfulness/status of children and marriage

Ratio Decidendi

Specified forms for administrator's oath/affirmation made under statutory authority are mandatory in form and substance; omissions that render the specified form incomplete or incorrect must be rectified by amending and re-affirming the oath where the information required by the form is lacking. The Registrar validly may raise requisitions under rule 5(1) on the legal status of children and marriages; such enquiries must be answered to the Registrar's satisfaction and may require amendment and re-affirmation if they demonstrate the affirmation is incorrect.

Court Disposition

HCAG 566/2000 dismissed; HCAG 24/2004 dismissed subject to variation requiring the Applicant to clarify to the Registrar the legal status of the four sons and to amend and re-affirm the affirmation if it is incorrect

Orders

  • HCAG 566/2000 appeal dismissed; Applicant to amend paragraphs 1 and 6 to include deceased son and state his age and date of death appropriately
  • HCAG 24/2004 appeal dismissed subject to direction: Applicant to clarify to the Registrar whether the four sons are lawful by virtue of a prior valid Chinese customary or modern marriage or are only legitimated; if affirmation is incorrect it must be amended and re-affirmed; otherwise correspondence supplying...