RE KOO PAULINE VERONICA

RE KOO PAULINE VERONICA

Requisition no.7 is to be ticked off because the amended affidavit substantially complied with the Specified Forms and did not create a risk of misidentification; any discrepancy between the will and the executor's true name must be disclosed by affidavit and the grant must record the executor's correct name (using 'in the will called' wording if necessary).

Citation
RE KOO PAULINE VERONICA
Parties
Applicant: Executors (applicants); Proposed Executor / Interested Party: Mr. Koo; Deciding Judicial Officer: Probate Master Jack Wong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2005
Case Number
HCAG6613/2005
Procedural Posture
Non Contentious Probate / Second Application on the Non Contentious Probate List (requisition Stage)
Outcome
Requisition no.7 ticked off.
Legal Topics
Affidavit Form and Content, Identification of Executor, Requisition Compliance, Grant of Probate
Source Language
EN
Probate Succession Civil Procedure Affidavit Form and Content Identification of Executor Requisition Compliance Grant of Probate

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Parties

Executors (applicants)

Applicant

Mr. Koo

Proposed Executor / Interested Party

Probate Master Jack Wong

Deciding Judicial Officer

Procedural Posture

Non Contentious Probate / Second Application on the Non Contentious Probate List (requisition Stage)

Legal Issues

  1. 1 Whether requisition no.7 should be ticked off
  2. 2 Whether the executor's name in the affidavit must exactly replicate clause 2 of the will or instead reflect the executor's identification documents
  3. 3 What proof or wording is required where the will misstates or misspells an executor's name

Ratio Decidendi

Requisition no.7 is to be ticked off because the amended affidavit substantially complied with the Specified Forms and did not create a risk of misidentification; any discrepancy between the will and the executor's true name must be disclosed by affidavit and the grant must record the executor's correct name (using 'in the will called' wording if necessary).

Court Disposition

Requisition no.7 ticked off.

Orders

  • Requisition no.7 is ticked off.
  • Registry to issue the grant with the executor correctly described according to identification or as clarified in the affidavit.