CHENG SAU KAM v. ENG AUDREY

CHENG SAU KAM v. ENG AUDREY

The preliminary issue is decided for the plaintiff because the defendant lacked locus standi to seek revocation of the subsisting grant of probate: the defendant had no interest under the disputed will and a necessary interested party (Lam) was not joined; accordingly the court would not revoke the grant on that preliminary issue and ordered costs against the defendant.

Citation
CHENG SAU KAM v. ENG AUDREY
Parties
Plaintiff; Executrix of the Estate of Ng Sau Lan, Deceased: Cheng Sau Kam; Defendant: Eng Audrey
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 September 2000
Case Number
HCA9459/1994
Procedural Posture
Probate and Estate: Revocation of Grant of Probate; Will Validity / Judgment on Preliminary Issue (validity of Disputed Will and Locus Standi)
Outcome
Preliminary issue decided for plaintiff: defendant lacks locus standi; subsisting grant of probate in favour of plaintiff not revoked.
Legal Topics
Revocation of Grant of Probate, Locus Standi to Challenge Probate, Knowledge and Approval of Will, Undue Influence, Burden of Proof Where Original Will Not Produced, Execution and Formalities of Wills
Source Language
EN
Probate Wills Estate Administration Civil Procedure Revocation of Grant of Probate Locus Standi to Challenge Probate Knowledge and Approval of Will Undue Influence +2 more

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Parties

Cheng Sau Kam

Plaintiff; Executrix of the Estate of Ng Sau Lan, Deceased

Eng Audrey

Defendant

Procedural Posture

Probate and Estate: Revocation of Grant of Probate; Will Validity / Judgment on Preliminary Issue (validity of Disputed Will and Locus Standi)

Legal Issues

  1. 1 Whether the defendant has locus standi to seek revocation of the existing grant of probate
  2. 2 Whether the disputed will of 20 December 1991 was executed by the deceased with knowledge and approval
  3. 3 Whether the disputed will was procured by undue influence or suspicious circumstances

Ratio Decidendi

The preliminary issue is decided for the plaintiff because the defendant lacked locus standi to seek revocation of the subsisting grant of probate: the defendant had no interest under the disputed will and a necessary interested party (Lam) was not joined; accordingly the court would not revoke the grant on that preliminary issue and ordered costs against the defendant.

Court Disposition

Preliminary issue decided for plaintiff: defendant lacks locus standi; subsisting grant of probate in favour of plaintiff not revoked.

Orders

  • Order nisi that the defendant must pay the plaintiff's costs in relation to the preliminary issue.