MARK HO YIN v. LEUNG SEK LUN ALLEN

MARK HO YIN v. LEUNG SEK LUN ALLEN

Separate administrations for Hong Kong and Australia must be respected; costs incurred in administration of the Australian estate (including HK$281,513.61 legal fee) are not deductible from the Hong Kong estate; Hong Kong court will not compel production or verification of Australian administration accounts absent the statutory jurisdiction or applicable exception; section 8A Cap.73 requires that the surviving spouse's beneficial interests under foreign intestacy law be brought into account to diminish the Hong Kong net sum; the surviving spouse's right to burial predominates and no injunction to prevent relocation of ashes is granted; the beddoe/legal costs challenged were properly...

Citation
MARK HO YIN v. LEUNG SEK LUN ALLEN
Parties
Plaintiff (applicant): Mr Mark; Defendant (administrator of the Estate of Chan Ying Mui Catalina): Mr Leung; Deceased: Chan Ying Mui Catalina
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2016
Case Number
HCMP87/2015
Procedural Posture
Originating Summons (administration) / Decision (15 January 2016)
Outcome
Originating Summons amended and determined. Requisition outcomes: Requisition 1 observation refused; Requisition 2 answered that (a) administrations are separate, (b) Australian legal fees cannot be deducted from Hong Kong estate, (c) court will not compel Australian administration accounts, (d) s8A applies to bring...
Legal Topics
Intestacy, Letters of Administration, Jurisdiction Over Foreign Assets, Accounts and Taxation of Costs, Burial and Ashes, Beddoe Application, Distribution of Estate
Source Language
EN
Probate Administration of Estates Inheritance Law Conflict of Laws Civil Procedure Intestacy Letters of Administration Jurisdiction Over Foreign Assets +4 more

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Parties

Mr Mark

Plaintiff (applicant)

Mr Leung

Defendant (administrator of the Estate of Chan Ying Mui Catalina)

Chan Ying Mui Catalina

Deceased

Procedural Posture

Originating Summons (administration) / Decision (15 January 2016)

Legal Issues

  1. 1 Whether separate administrations should be recognised for Hong Kong and Australian estates
  2. 2 Whether administrator may deduct Australian legal fees from Hong Kong estate
  3. 3 Whether Hong Kong court can compel production/verification of Australian administration documents

Ratio Decidendi

Separate administrations for Hong Kong and Australia must be respected; costs incurred in administration of the Australian estate (including HK$281,513.61 legal fee) are not deductible from the Hong Kong estate; Hong Kong court will not compel production or verification of Australian administration accounts absent the statutory jurisdiction or applicable exception; section 8A Cap.73 requires that the surviving spouse's beneficial interests under foreign intestacy law be brought into account to diminish the Hong Kong net sum; the surviving spouse's right to burial predominates and no injunction to prevent relocation of ashes is granted; the beddoe/legal costs challenged were properly...

Court Disposition

Originating Summons amended and determined. Requisition outcomes: Requisition 1 observation refused; Requisition 2 answered that (a) administrations are separate, (b) Australian legal fees cannot be deducted from Hong Kong estate, (c) court will not compel Australian administration accounts, (d) s8A applies to bring...

Orders

  • Amendment to the Originating Summons granted
  • No observation made regarding alleged unreasonableness in disposal of Mercedes (Requisition 1)