LEE, KAREN YUK LUN (also known as LEE, YUK LUN KAREN in the Will) AND OTHERS v. LEE, ED

LEE, KAREN YUK LUN (also known as LEE, YUK LUN KAREN in the Will) AND OTHERS v. LEE, ED

The claims to recover repayment of the Loan and any purported Disputed Loan are time‑barred because the cause of action accrued on the date the loans were made (no repayment date was agreed); on the facts the 2nd IOU was a replacement record of the same Loan not a separate loan and interest was waived from 2004; accordingly no enforceable claim or useful declaratory relief exists and double probate is to be granted to Peter with specified interim restraints and costs ordered to be paid out of the Estate.

Citation
[2025] HKCFI 3187
Parties
Plaintiff / Executor: WONG PETER MING CHUNG; Defendant / Executor: LEE ED; 1st Plaintiff / Beneficiary: LEE, KAREN YUK LUN; 2nd Plaintiff / Executor: WONG MING CHUNG PETER; 3rd Plaintiff / Beneficiary: LEE YUK KEI ANGELA; 4th Plaintiff / Beneficiary: LUNG PO KWAN (FRIEDRICH LUNG); Deceased: LEE LEUNG SING MEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2025
Case Number
HCMP1512/2023
Procedural Posture
Probate Action (hcap 6/2023) and Miscellaneous Proceedings Under Order 85 (hcmp 1512/2023) / Judgment After Trial (determination of Administration and Related Declarations)
Outcome
Double probate granted to Peter; factual finding that only one loan existed and the 2nd IOU did not evidence a separate loan; interest waived from 2004; any claim for repayment or interest is time‑barred; declaratory relief refused as academic; costs to be paid out of the Estate (orders nisi).
Legal Topics
Double Probate, Ious and Loan Enforceability, Limitation Period for Debt Recovery, Waiver of Interest, Declaratory Relief, Costs Orders
Source Language
EN
Probate Estate Administration Limitation Law Civil Procedure Double Probate Ious and Loan Enforceability Limitation Period for Debt Recovery Waiver of Interest +2 more

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Parties

WONG PETER MING CHUNG

Plaintiff / Executor

LEE ED

Defendant / Executor

LEE, KAREN YUK LUN

1st Plaintiff / Beneficiary

WONG MING CHUNG PETER

2nd Plaintiff / Executor

LEE YUK KEI ANGELA

3rd Plaintiff / Beneficiary

LUNG PO KWAN (FRIEDRICH LUNG)

4th Plaintiff / Beneficiary

LEE LEUNG SING MEN

Deceased

Procedural Posture

Probate Action (hcap 6/2023) and Miscellaneous Proceedings Under Order 85 (hcmp 1512/2023) / Judgment After Trial (determination of Administration and Related Declarations)

Legal Issues

  1. 1 Whether the 2nd IOU evidenced a separate loan (the Disputed Loan) or was a replacement of the original IOU
  2. 2 Whether Karen and Friedrich remained liable to pay interest on the Loan and/or any Disputed Loan from 2004 onwards
  3. 3 Whether any claim to recover repayment of the Loan or Disputed Loan is time-barred under the Limitation Ordinance

Ratio Decidendi

The claims to recover repayment of the Loan and any purported Disputed Loan are time‑barred because the cause of action accrued on the date the loans were made (no repayment date was agreed); on the facts the 2nd IOU was a replacement record of the same Loan not a separate loan and interest was waived from 2004; accordingly no enforceable claim or useful declaratory relief exists and double probate is to be granted to Peter with specified interim restraints and costs ordered to be paid out of the Estate.

Court Disposition

Double probate granted to Peter; factual finding that only one loan existed and the 2nd IOU did not evidence a separate loan; interest waived from 2004; any claim for repayment or interest is time‑barred; declaratory relief refused as academic; costs to be paid out of the Estate (orders nisi).

Orders

  • Grant double probate of the Will to Peter Wong Ming Chung
  • Until double probate is granted, Ed must not administer or dispose of Estate assets unless with written consent of all beneficiaries or for compliance with the costs orders