DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS

The court found that the 1956 Deed and 1957 Agreement effected prior distribution in respect of assets in Hong Kong, France and South Vietnam accepted by the beneficiaries, thereby excluding the 3rd son from those distributed assets; on that basis the cash and residual assets then held by the Administrators (including reinstating HK$1,470,600 to the estate) should be distributed solely to the 3rd son; the Paris apartment was not proved to form part of the estate; married daughters are entitled to shares in real property under the Will; administrators' costs and certain parties' costs are to be paid from the estate prior to distribution.

Citation
DARACH E. HAUGHEY AND ANOTHER v. LAM MUI AND OTHERS
Parties
Plaintiff (joint and Several Administrator of the Estate): Darach E. Haughey; Plaintiff (joint and Several Administrator of the Estate): Lai Kar Yan (Derek); 1st Defendant (in Own Capacity and as Administratrix of Chiu Shuet Lan): Lam Mui; 2nd Defendant (as the Administratrix of Chiu Sinn Kei): Chiu Hiu Hung; 3rd Defendant (5th Son): Chiu Sin Kuen; 4th Defendant: Chiu Anthony Sin Ka; 5th Defendant: Chiu Hing Sheung; 6th Defendant: Chiu Shuet Fei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 June 2017
Case Number
HCMP1593/2014
Procedural Posture
Estate Administration Application Under Order 85 (directions) / Judgment (court of First Instance, Chambers)
Outcome
Application granted in part. HK$1,470,600 ordered returned to estate and cash in administrators' hands (approximately HK$39,000,000) distributed to the 3rd son alone; Paris apartment excluded from estate; married daughters declared entitled to share in real property; administrators' and specified parties' costs to...
Legal Topics
Distribution of Estate, Validity and Effect of Partition Agreements, Interim Distribution and Restitution, Beneficiaries' Entitlement (including Married Daughters), Administration of Foreign Assets, Costs and Indemnity
Source Language
EN
Probate and Administration Trusts and Estates Civil Procedure Conflict of Laws (foreign Property) Distribution of Estate Validity and Effect of Partition Agreements Interim Distribution and Restitution Beneficiaries' Entitlement (including Married Daughters) +2 more

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Parties

Darach E. Haughey

Plaintiff (joint and Several Administrator of the Estate)

Lai Kar Yan (Derek)

Plaintiff (joint and Several Administrator of the Estate)

Lam Mui

1st Defendant (in Own Capacity and as Administratrix of Chiu Shuet Lan)

Chiu Hiu Hung

2nd Defendant (as the Administratrix of Chiu Sinn Kei)

Chiu Sin Kuen

3rd Defendant (5th Son)

Chiu Anthony Sin Ka

4th Defendant

Chiu Hing Sheung

5th Defendant

Chiu Shuet Fei

6th Defendant

Procedural Posture

Estate Administration Application Under Order 85 (directions) / Judgment (court of First Instance, Chambers)

Legal Issues

  1. 1 Whether interim payments to the 3rd son (HK$1,470,600) constituted interim distribution and should be returned to the estate
  2. 2 Whether the Paris apartment forms part of the deceased's estate
  3. 3 Whether the 1956 Deed and 1957 Agreement effected prior distribution extinguishing claims in Hong Kong, France and South Vietnam

Ratio Decidendi

The court found that the 1956 Deed and 1957 Agreement effected prior distribution in respect of assets in Hong Kong, France and South Vietnam accepted by the beneficiaries, thereby excluding the 3rd son from those distributed assets; on that basis the cash and residual assets then held by the Administrators (including reinstating HK$1,470,600 to the estate) should be distributed solely to the 3rd son; the Paris apartment was not proved to form part of the estate; married daughters are entitled to shares in real property under the Will; administrators' costs and certain parties' costs are to be paid from the estate prior to distribution.

Court Disposition

Application granted in part. HK$1,470,600 ordered returned to estate and cash in administrators' hands (approximately HK$39,000,000) distributed to the 3rd son alone; Paris apartment excluded from estate; married daughters declared entitled to share in real property; administrators' and specified parties' costs to...

Orders

  • HK$1,470,600 to be returned to the pool of the estate
  • Cash held by the Administrators (about HK$39,000,000) to be distributed to the 3rd son (Chiu Sin Kuen) solely