CHIN NGAR YIK v. LUI LING NANCY AND ANOTHER

CHIN NGAR YIK v. LUI LING NANCY AND ANOTHER

Because the defendants accept the alleged will is void by Deed of Settlement and the evidence supports the plaintiff's entitlement, the court grants letters of administration to the plaintiff; the declaration was refused as unnecessary and no order as to costs was made except that the plaintiff's costs be taxed...

Source-derived case information.

Citation
[2018] HKCFI 13
Parties
Plaintiff: Chin Ngar Yik; 1st Defendant: Lui Ling Nancy; 2nd Defendant: Chin Ka Man Carmen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 January 2018
Case Number
HCAP2/2016
Procedural Posture
Probate Action (letters of Administration) / Trial on Affidavit; Judgment
Outcome
Letters of administration granted to the plaintiff; declaration sought not granted; no order as to costs except plaintiff's costs to be taxed under legal aid regulations.
Legal Topics
Letters of Administration, Validity of Will, Testamentary Capacity, Execution of Wills, Deed of Settlement, Costs
Source Language
en
Probate Succession Estate Administration Civil Procedure Letters of Administration Validity of Will Testamentary Capacity Execution of Wills +2 more

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Parties

Chin Ngar Yik

Plaintiff

Lui Ling Nancy

1st Defendant

Chin Ka Man Carmen

2nd Defendant

Procedural Posture

Probate Action (letters of Administration) / Trial on Affidavit; Judgment

Legal Issues

  1. 1 Whether letters of administration should be granted to the plaintiff
  2. 2 Whether the alleged will dated 12 January 2012 is void or invalid for lack of testamentary capacity, lack of knowledge and approval, or non-execution

Ratio Decidendi

Because the defendants accept the alleged will is void by Deed of Settlement and the evidence supports the plaintiff's entitlement, the court grants letters of administration to the plaintiff; the declaration was refused as unnecessary and no order as to costs was made except that the plaintiff's costs be taxed under legal aid regulations.

Court Disposition

Letters of administration granted to the plaintiff; declaration sought not granted; no order as to costs except plaintiff's costs to be taxed under legal aid regulations.

Orders

  • Grant letters of administration of the estate of Chin Chi Lung to the plaintiff Chin Ngar Yik
  • Declaration sought that the alleged will dated 12 January 2012 is void or invalid is not made