RE NORA LAW

RE NORA LAW

The Registrar's requisitions were correctly raised because r53 NCPR requires a 'duly authenticated copy of the will' which the Certified Canadian Grant enclosing only a 'copy will' did not strictly satisfy; however r53 is permissive ('may') and the Court has discretion to accept alternative proof. In the specific circumstances the Master found the copy will to be a true and proper copy and, to avoid further time and cost and without creating precedent, waived the requisitions and permitted the application to proceed.

Citation
RE NORA LAW
Parties
Deceased: Nora Law; Executor/applicant: Peter Law; Attorney for Applicant/senior Partner/applicant Representative: S. W. Lau; Respondent/registry: Probate Registry
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2004
Case Number
HCAG931/2004
Procedural Posture
Non Contentious Probate Application (grant With Will Annexed) / Hearing and Written Decision on Requisitions (master's Decision)
Outcome
Requisitions correctly raised but waived in the circumstances; application to proceed; decision without creating precedent
Legal Topics
Grant of Probate, Authentication of Foreign Will, Non Contentious Probate Rules R53 and R29(a), Requisition Compliance and Waiver, Proof of Will
Source Language
EN
Probate and Succession Civil Procedure Private International Law Grant of Probate Authentication of Foreign Will Non Contentious Probate Rules R53 and R29(a) Requisition Compliance and Waiver Proof of Will

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Parties

Nora Law

Deceased

Peter Law

Executor/applicant

S. W. Lau

Attorney for Applicant/senior Partner/applicant Representative

Probate Registry

Respondent/registry

Procedural Posture

Non Contentious Probate Application (grant With Will Annexed) / Hearing and Written Decision on Requisitions (master's Decision)

Legal Issues

  1. 1 Whether a Certified Canadian Grant enclosing a copy will satisfied r53 NCPR requirement for a duly authenticated copy of the will
  2. 2 Whether the Probate Registry's requisitions were correctly raised
  3. 3 Whether the court may waive requisitions and admit alternative proof without creating precedent

Ratio Decidendi

The Registrar's requisitions were correctly raised because r53 NCPR requires a 'duly authenticated copy of the will' which the Certified Canadian Grant enclosing only a 'copy will' did not strictly satisfy; however r53 is permissive ('may') and the Court has discretion to accept alternative proof. In the specific circumstances the Master found the copy will to be a true and proper copy and, to avoid further time and cost and without creating precedent, waived the requisitions and permitted the application to proceed.

Court Disposition

Requisitions correctly raised but waived in the circumstances; application to proceed; decision without creating precedent

Orders

  • Requisition nos.2 and 6 taken off/waived in these circumstances
  • Application for grant with will annexed may proceed on production of the submitted materials; Registrar not bound by this decision in other cases