MOK HING CHUNG v. WONG KWONG YIU

MOK HING CHUNG v. WONG KWONG YIU

Court held on the facts that WKY was adopted by WYL within the meaning of IEO s2(2)(c) (informal/i-tze adoption recognised under Chinese law and custom), that there was no resulting trust over the assets registered in the names of WYL and WYS (the joint ownership and conduct rebutted any presumption), and that the 6...

Source-derived case information.

Citation
MOK HING CHUNG v. WONG KWONG YIU
Parties
Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012: Mok Hing Chung; Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012: Wong Kwong Yiu; Deceased; Estate Subject in HCAP 10/2012 (intestate): Wong Yin Ling (deceased); Deceased; Testator and Estate Subject in HCAP 8/2010 (left a Will): Wong Yin Sheung (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2014
Case Number
HCAP8/2010
Procedural Posture
Contentious Probate (hcap 8/2010 and HCAP 10/2012) / Judgment of the Court of First Instance (recorder Coleman Sc) Delivered 3 July 2014
Outcome
Declaration that WKY is an adopted son of WYL within meaning of IEO s2(2)(c); refusal of declaration that estate of WYS held on resulting trust for WYL; Will of WYS dated 6 June 2006 admitted to probate with MHC as executor; grant of letters of administration in respect of WYL to WKY; all other claims dismissed; no...
Legal Topics
Adoption Under Chinese Law and Custom (ieo S2(2)(c)), Resulting Trust, Testamentary Capacity (banks V Goodfellow), Qing Code Sect 78 and I Tze (courtesy Child), Letters of Administration, Burden When Propounder Benefits (barry V Butlin), Costs
Source Language
en
Probate Succession Trusts Family Law Property Chinese Customary Law Wills and Testamentary Capacity Intestacy +7 more

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Parties

Mok Hing Chung

Plaintiff in HCAP 8/2010; Defendant in HCAP 10/2012

Wong Kwong Yiu

Defendant in HCAP 8/2010; Plaintiff in HCAP 10/2012

Wong Yin Ling (deceased)

Deceased; Estate Subject in HCAP 10/2012 (intestate)

Wong Yin Sheung (deceased)

Deceased; Testator and Estate Subject in HCAP 8/2010 (left a Will)

Procedural Posture

Contentious Probate (hcap 8/2010 and HCAP 10/2012) / Judgment of the Court of First Instance (recorder Coleman Sc) Delivered 3 July 2014

Legal Issues

  1. 1 Whether WKY was adopted by WYL within meaning of Intestates' Estates Ordinance Cap 73 s2(2)(c) (Adoption Issue)
  2. 2 Whether assets registered in names of WYL and WYS were held on resulting trust for WYL's estate (Resulting Trust Issue)
  3. 3 Whether the 6 June 2006 Will of WYS was valid or executed when she lacked testamentary capacity (Will Validity Issue)

Ratio Decidendi

Court held on the facts that WKY was adopted by WYL within the meaning of IEO s2(2)(c) (informal/i-tze adoption recognised under Chinese law and custom), that there was no resulting trust over the assets registered in the names of WYL and WYS (the joint ownership and conduct rebutted any presumption), and that the 6 June 2006 Will of WYS was validly executed with testamentary capacity and is admitted to probate (MHC sole executor and beneficiary); accordingly letters of administration in respect of WYL's intestate estate to be granted to WKY; other claims dismissed.

Court Disposition

Declaration that WKY is an adopted son of WYL within meaning of IEO s2(2)(c); refusal of declaration that estate of WYS held on resulting trust for WYL; Will of WYS dated 6 June 2006 admitted to probate with MHC as executor; grant of letters of administration in respect of WYL to WKY; all other claims dismissed; no...

Orders

  • Declaration that Wong Kwong Yiu is an adopted son of Wong Yin Ling within the meaning of Intestates' Estates Ordinance Cap 73 s2(2)(c)
  • Refusal of declaration that the estate of Wong Yin Sheung is held on resulting trust for the estate of Wong Yin Ling