HARVEY SIN WAI LEE v. The Estate of LEE (LI) SING HON (李醒漢) alias LEE (LI) SING HON(李星漢) alias LEE DO JIM (李道沾), deceased AND ANOTHER

HARVEY SIN WAI LEE v. The Estate of LEE (LI) SING HON (李醒漢) alias LEE (LI) SING HON(李星漢) alias LEE DO JIM (李道沾), deceased AND ANOTHER

The grant of letters of administration to CS Lee was revoked because the trial judge found that the sole factual premise for the grant (that CS Lee was an adopted son) was false; the death of the grantee does not bar revocation; a finding of fraud is unnecessary for revocation; accordingly the court will revoke the grant and grant a declaration that CS Lee was not an adopted son, and will make costs orders reflecting the plaintiff's overall success and late abandonment of parts of the summons.

Citation
[2021] HKCFI 615
Parties
Plaintiff: HARVEY SIN WAI LEE; 1st Defendant: The Estate of LEE (LI) SING HON alias LEE DO JIM, deceased; 2nd Defendant: LEE JIN TEN, sole executrix of the last will of LEE CHAIO SHING, deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2021
Case Number
HCAP4/2000
Procedural Posture
Probate Action / Post Trial Decision on Summons to Revoke Grant and Related Reliefs
Outcome
Grant of letters of administration dated 26 June 1998 revoked; declaration that CS Lee was not an adopted son granted; costs awards in favour of plaintiff; payment out of security allowed; leave to withdraw parts of summons granted.
Legal Topics
Revocation of Grant of Letters of Administration, Declaration of Non Adoption, Res Judicata, Allocation of Costs, Payment Out of Security for Costs
Source Language
EN
Probate and Administration Inheritance Civil Procedure Costs Revocation of Grant of Letters of Administration Declaration of Non Adoption Res Judicata Allocation of Costs +1 more

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Parties

HARVEY SIN WAI LEE

Plaintiff

The Estate of LEE (LI) SING HON alias LEE DO JIM, deceased

1st Defendant

LEE JIN TEN, sole executrix of the last will of LEE CHAIO SHING, deceased

2nd Defendant

Procedural Posture

Probate Action / Post Trial Decision on Summons to Revoke Grant and Related Reliefs

Legal Issues

  1. 1 Whether letters of administration granted to CS Lee should be revoked after a trial finding that he was not an adopted son
  2. 2 Whether the death of a grantee prevents revocation of a grant
  3. 3 Whether a declaration that CS Lee was not an adopted son should be granted post-trial

Ratio Decidendi

The grant of letters of administration to CS Lee was revoked because the trial judge found that the sole factual premise for the grant (that CS Lee was an adopted son) was false; the death of the grantee does not bar revocation; a finding of fraud is unnecessary for revocation; accordingly the court will revoke the grant and grant a declaration that CS Lee was not an adopted son, and will make costs orders reflecting the plaintiff's overall success and late abandonment of parts of the summons.

Court Disposition

Grant of letters of administration dated 26 June 1998 revoked; declaration that CS Lee was not an adopted son granted; costs awards in favour of plaintiff; payment out of security allowed; leave to withdraw parts of summons granted.

Orders

  • The grant of letters of administration dated 26 June 1998 granted to C S Lee is revoked
  • Declaration that C S Lee was not an adopted son of the deceased is granted