RE SANUEL GEE YEN

RE SANUEL GEE YEN

Where a concubine has renounced rights and has affirmed dissolution of the union and where Tsing customary law (part of local law) allows viva voce/affirmation proof of dissolution, the Probate Master erred in maintaining requisitions requiring further proof or in treating the matter as unresolved; Letters of Administration should issue and costs awarded on an indemnity basis payable from the estate.

Citation
RE SANUEL GEE YEN
Parties
Deceased: Mr. Yen; Widow: the widow; Concubine and Renouncer: Kam Chun Yuet; Applicants and Proposed Personal Representatives: two sons; Probate Master: Probate Master
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 1987
Case Number
HCMP2383/1987
Procedural Posture
Probate / Non Contentious Administration / Interlocutory Appeal From Probate Master to Judge in Chambers Concerning Requisitions on Next of Kin
Outcome
Appeal allowed in part; orders made in terms of paragraphs 3 and 4 of the summons; Letters of Administration to issue without further delay.
Legal Topics
Intestacy, Administration of Estate, Concubinage, Recognition of Foreign Divorce, Next of Kin, Probate Requisitions, Renunciation, Costs
Source Language
EN
Probate Family Law Conflict of Laws Evidence Intestacy Administration of Estate Concubinage Recognition of Foreign Divorce +4 more

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Parties

Mr. Yen

Deceased

the widow

Widow

Kam Chun Yuet

Concubine and Renouncer

two sons

Applicants and Proposed Personal Representatives

Probate Master

Probate Master

Procedural Posture

Probate / Non Contentious Administration / Interlocutory Appeal From Probate Master to Judge in Chambers Concerning Requisitions on Next of Kin

Legal Issues

  1. 1 Whether the 1941 Shanghai divorce of the concubine was valid and proof sufficient
  2. 2 Whether a concubine remains a next-of-kin for purposes of administration where she has renounced rights and affirmed divorce
  3. 3 Whether the Probate Master properly required further best evidence and issued Requisition 16(i) and 17

Ratio Decidendi

Where a concubine has renounced rights and has affirmed dissolution of the union and where Tsing customary law (part of local law) allows viva voce/affirmation proof of dissolution, the Probate Master erred in maintaining requisitions requiring further proof or in treating the matter as unresolved; Letters of Administration should issue and costs awarded on an indemnity basis payable from the estate.

Court Disposition

Appeal allowed in part; orders made in terms of paragraphs 3 and 4 of the summons; Letters of Administration to issue without further delay.

Orders

  • Order in terms of paragraphs 3 and 4 of the summons
  • Applicants\' costs of the summons and of today\'s appearance and of proceedings for and before the Probate Master to be taxed on an indemnity basis and paid out of the estate