RE CHUNG CHING WAN

RE CHUNG CHING WAN

The appeal was not entertained on its merits because there was no prior reasoned decision by the probate master following a hearing; the proper course is to remit the matter to a probate master to consider the full affidavits and evidence, and to direct a hearing where requisitions remain unresolved; legal opinion and certificates cannot replace evidential affidavits.

Citation
RE CHUNG CHING WAN
Parties
Applicant: Applicants; Deceased: Deceased; Probate Master: Probate Master; Potential Beneficiary: Chen Lai Wen; Spouse: Chung Hsioa Feng
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 April 2011
Case Number
HCEA118/2009
Procedural Posture
Non Contentious Probate / Appeal Under Rule 62(1) Remitted to Probate Master for Reconsideration
Outcome
Case remitted to a probate master for reconsideration of requisitions and for hearing if requisitions remain unresolved
Legal Topics
Requisitions, Appeal Procedure, Remittal, Evidence, Official Languages, Solicitor Duties
Source Language
EN
Probate Civil Procedure Succession Administrative Procedure Requisitions Appeal Procedure Remittal Evidence +2 more

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Parties

Applicants

Applicant

Deceased

Deceased

Probate Master

Probate Master

Chen Lai Wen

Potential Beneficiary

Chung Hsioa Feng

Spouse

Procedural Posture

Non Contentious Probate / Appeal Under Rule 62(1) Remitted to Probate Master for Reconsideration

Legal Issues

  1. 1 Whether correspondence with the probate master can constitute a reasoned decision for purposes of appeal under Rule 62(1) NCR
  2. 2 Whether applicants complied with procedural steps before lodging an appeal
  3. 3 Whether affidavits on file adequately answer requisitions

Ratio Decidendi

The appeal was not entertained on its merits because there was no prior reasoned decision by the probate master following a hearing; the proper course is to remit the matter to a probate master to consider the full affidavits and evidence, and to direct a hearing where requisitions remain unresolved; legal opinion and certificates cannot replace evidential affidavits.

Court Disposition

Case remitted to a probate master for reconsideration of requisitions and for hearing if requisitions remain unresolved

Orders

  • Case remitted to a probate master for reconsideration
  • If requisitions are not satisfactorily answered the master should list a hearing and give a reasoned judgment on outstanding requisitions