KING WONG DEVELOPMENT LTD v. CHAU FUNG YEE

KING WONG DEVELOPMENT LTD v. CHAU FUNG YEE

Chinese customary law applied; the deceased's family line became extinct on the widow's death and only daughters surviving that moment could inherit, therefore So Tai (predeceased) had no entitlement; the 2016 assignment conveyed only Yuk Tai's entitlement which equated to one half of the deceased's share and King...

Source-derived case information.

Citation
[2019] HKCFI 756
Parties
Plaintiff: King Wong Development Limited; Defendant (administratrix): Chau Fung Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2019
Case Number
HCMP2779/2016
Procedural Posture
Administration Action Under Order 85 of the Rules of the High Court / Judgment (final)
Outcome
Administration order granted: estate to be administered and distributed in accordance with Chinese customary succession as found; King Wong's entitlement from Yuk Tai recognised; administratrix ordered to account and proceed with administration.
Legal Topics
Intestate Succession, Chinese Customary Inheritance Rules, Validity of Assignment of Expectancy, Administrator's Duties and Discretion, Costs Allocation
Source Language
en
Succession Property Probate/administration Equity Chinese Customary Law Intestate Succession Chinese Customary Inheritance Rules Validity of Assignment of Expectancy +2 more

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Parties

King Wong Development Limited

Plaintiff

Chau Fung Yee

Defendant (administratrix)

Procedural Posture

Administration Action Under Order 85 of the Rules of the High Court / Judgment (final)

Legal Issues

  1. 1 Whether Chinese law and custom govern succession to New Territories land of a deceased who died prior to 24 June 1994
  2. 2 Whether a daughter who predeceased the extinction of the family line (So Tai) has entitlement under Qing Code article 88(2)
  3. 3 Whether the administrator of the deceased must administer and distribute the estate now or may lawfully delay

Ratio Decidendi

Chinese customary law applied; the deceased's family line became extinct on the widow's death and only daughters surviving that moment could inherit, therefore So Tai (predeceased) had no entitlement; the 2016 assignment conveyed only Yuk Tai's entitlement which equated to one half of the deceased's share and King Wong's claim to administration and distribution was valid in respect of that entitlement; the administratrix was ordered to furnish accounts and to administer and distribute the estate accordingly.

Court Disposition

Administration order granted: estate to be administered and distributed in accordance with Chinese customary succession as found; King Wong's entitlement from Yuk Tai recognised; administratrix ordered to account and proceed with administration.

Orders

  • Defendant to furnish to King Wong an up-to-date account of assets, liabilities and administration within 28 days.
  • The estate of the deceased shall be administered and distributed with the shares of Yuk Tai and Fung Yee being equal.