LAM SEE MING EMILY v. LAM SEE NGAR MIRANDA

LAM SEE MING EMILY v. LAM SEE NGAR MIRANDA

On the material before the court the original will executed 12 October 2011 is available and was duly executed and attested; the defendant failed to discharge the duty of diligent search before obtaining the Grant and previously represented intestacy, and her opposition is without merit; numerous defendant filings were made without leave and were struck out as abuse; accordingly the Grant was revoked, the defendant ordered to hold estate assets on trust and to account, and the plaintiff given liberty to apply for probate.

Citation
[2021] HKCFI 3314
Parties
Plaintiff / Intended Personal Representative: Lam See Ming Emily; Defendant: Lam See Ngar Miranda
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2021
Case Number
HCMP252/2021
Procedural Posture
Revocation of Grant of Administration / Probate Proceedings / Decision on Originating Summons and Interlocutory Applications (hearing in Chambers)
Outcome
Grant of Letters of Administration (HCAG 9172/2019) revoked; defendant's key late affirmations and summonses struck out or dismissed; plaintiff granted liberty to apply for probate; nisi costs order made in favour of plaintiff.
Legal Topics
Revocation of Letters of Administration, Validity and Propounding of Wills, Diligent Search for Wills, Striking Out Evidence and Abuse of Process, Appointment/removal of Executors, Summary Disposal of Interlocutory Matters
Source Language
EN
Probate and Administration Succession Law Civil Procedure Trusts and Fiduciary Duties Court Discretion on Striking Out Revocation of Letters of Administration Validity and Propounding of Wills Diligent Search for Wills +3 more

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Parties

Lam See Ming Emily

Plaintiff / Intended Personal Representative

Lam See Ngar Miranda

Defendant

Procedural Posture

Revocation of Grant of Administration / Probate Proceedings / Decision on Originating Summons and Interlocutory Applications (hearing in Chambers)

Legal Issues

  1. 1 Whether the Letters of Administration (Grant HCAG 9172/2019) should be revoked because the deceased left a valid will
  2. 2 Whether the Will was duly executed and the deceased had testamentary capacity and knowledge and approval of its terms
  3. 3 Whether the defendant conducted a diligent search before applying for the grant and whether her application was defective

Ratio Decidendi

On the material before the court the original will executed 12 October 2011 is available and was duly executed and attested; the defendant failed to discharge the duty of diligent search before obtaining the Grant and previously represented intestacy, and her opposition is without merit; numerous defendant filings were made without leave and were struck out as abuse; accordingly the Grant was revoked, the defendant ordered to hold estate assets on trust and to account, and the plaintiff given liberty to apply for probate.

Court Disposition

Grant of Letters of Administration (HCAG 9172/2019) revoked; defendant's key late affirmations and summonses struck out or dismissed; plaintiff granted liberty to apply for probate; nisi costs order made in favour of plaintiff.

Orders

  • Strike out the affirmations filed by the defendant on 28 April 2021, 10 May 2021 and 11 May 2021
  • Dismiss the defendant's summonses filed on 27 August 2021 and 30 August 2021 for leave to rely on affirmations and documents lodged