HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

On construction the word 'grandsons' in clause 4(d) was held to include both paternal and maternal grandsons in its context and purpose; D4's evidence and contemporaneous Declaration established a serious customary adoption in 1969 which the court accepted as 'duly adopted' for the purposes of the Will; therefore D4 qualified under clause 4(d) and the plaintiff's declarations failed and were dismissed.

Citation
[2021] HKCFI 2527
Parties
Plaintiff: Harrison Liu; 1st Defendant: Personal Representative of the Estate of Li (or Lee); Deceased/testatrix: Kwok Mi (or Mei) (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2021
Case Number
HCMP146/2019
Procedural Posture
Wills/probate/trusts Construction of Will / Judgment (originating Summons Hearing)
Outcome
Plaintiff's claims dismissed
Legal Topics
Will Construction, Customary Adoption, Rectification of Wills (s.23 A), Probate Administration, Trustee Appointment, Beneficial Ownership
Source Language
EN
Wills and Probate Trusts Succession Civil Procedure Family Law Will Construction Customary Adoption Rectification of Wills (s.23 A) +3 more

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Parties

Harrison Liu

Plaintiff

Personal Representative of the Estate of Li (or Lee)

1st Defendant

Kwok Mi (or Mei) (deceased)

Deceased/testatrix

Procedural Posture

Wills/probate/trusts Construction of Will / Judgment (originating Summons Hearing)

Legal Issues

  1. 1 Whether the phrase 'from amongst the grandsons of my husband' in clause 4(d) of the Will refers only to paternal grandsons or to all grandsons
  2. 2 Whether D4 was a son 'duly adopted' by Lau Hing Yiu within the meaning of clause 4(d)
  3. 3 If D4 is not entitled, who is the proper beneficiary or how the residuary estate should be dealt with

Ratio Decidendi

On construction the word 'grandsons' in clause 4(d) was held to include both paternal and maternal grandsons in its context and purpose; D4's evidence and contemporaneous Declaration established a serious customary adoption in 1969 which the court accepted as 'duly adopted' for the purposes of the Will; therefore D4 qualified under clause 4(d) and the plaintiff's declarations failed and were dismissed.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Plaintiff's originating summons dismissed
  • Costs order nisi that Plaintiff shall pay Defendant (D4) the costs of these proceedings to be taxed on a party-to-party basis if not agreed; order to become absolute within 14 days