IP WING TAI v. WAN SHU WAH

IP WING TAI v. WAN SHU WAH

The court held that the Master's order of 9 October 1997 was ultra vires because s.5(3)(b) of the Probate and Administration Ordinance confines the power to revoke and re-grant Letters to a judge, and on the facts (defendant's prior renunciation and applicant's conduct) this was a fit and proper case to remove the defendant as administrator and substitute the applicant as administratrix for due and proper administration; service by advertisement was acceptable in the circumstances.

Citation
IP WING TAI v. WAN SHU WAH
Parties
Plaintiff: Ip Wing Tai; Defendant: Wan Shu Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2000
Case Number
HCMP5524/1998
Procedural Posture
Probate/miscellaneous Proceedings (hcmp) / Judgment on Originating Summons (application to Remove Administrator and Substitute Administratrix)
Outcome
Application granted: defendant removed as administrator; Madam Ip substituted as administratrix; Master's 9 October 1997 order declared ultra vires and of no effect.
Legal Topics
Letters of Administration, Revocation and Re Grant of Letters, Substitution of Administrator/administratrix, Jurisdiction of Master, Originating Summons, Service by Advertisement
Source Language
EN
Probate Succession Fatal Accidents Tort Negligence Civil Procedure Letters of Administration Revocation and Re Grant of Letters Substitution of Administrator/administratrix +3 more

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Parties

Ip Wing Tai

Plaintiff

Wan Shu Wah

Defendant

Procedural Posture

Probate/miscellaneous Proceedings (hcmp) / Judgment on Originating Summons (application to Remove Administrator and Substitute Administratrix)

Legal Issues

  1. 1 Whether a Master may revoke and re-grant Letters of Administration
  2. 2 Whether the court should remove the existing administrator and substitute the applicant as administratrix for due administration
  3. 3 Whether the Master's 9 October 1997 order was valid

Ratio Decidendi

The court held that the Master's order of 9 October 1997 was ultra vires because s.5(3)(b) of the Probate and Administration Ordinance confines the power to revoke and re-grant Letters to a judge, and on the facts (defendant's prior renunciation and applicant's conduct) this was a fit and proper case to remove the defendant as administrator and substitute the applicant as administratrix for due and proper administration; service by advertisement was acceptable in the circumstances.

Court Disposition

Application granted: defendant removed as administrator; Madam Ip substituted as administratrix; Master's 9 October 1997 order declared ultra vires and of no effect.

Orders

  • Declare the Master\u2019s order dated 9 October 1997 ultra vires and of no effect
  • Remove Wan Shu Wah as administrator of the estate of Wan Tze Kuen and appoint Ip Wing Tai as administratrix in his place