RE CHUNG HSIOA FENG

RE CHUNG HSIOA FENG

The Master rejected the application because the applicant, a practising solicitor and officer of the court, failed to attend two appointed hearings without explanation, failed to satisfactorily answer material requisitions (notably the unexplained discrepancy regarding alleged sons which could affect entitlement), and refused to comply with the prescribed Specified Form; under statutory provisions and authority the Master was entitled to refuse the grant; the rejection is without prejudice to a fresh application.

Citation
RE CHUNG HSIOA FENG
Parties
Applicant; Attorney for the Deceased's Daughters: Mr Lau; Deceased: The Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2013
Case Number
HCAG15196/2012
Procedural Posture
Non Contentious Probate — Application for Grant of Letters of Administration / Post Appointment Hearings Decision
Outcome
Application for grant rejected without prejudice to a fresh application
Legal Topics
Letters of Administration, Requisitions, Attendance at Hearings, Non Contentious Probate Rules (cap 10 A), Revocation of Grant, Compliance With Specified Forms
Source Language
EN
Probate Administration of Estates Civil Procedure Professional Conduct Letters of Administration Requisitions Attendance at Hearings Non Contentious Probate Rules (cap 10 A) +2 more

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Parties

Mr Lau

Applicant; Attorney for the Deceased's Daughters

The Deceased

Deceased

Procedural Posture

Non Contentious Probate — Application for Grant of Letters of Administration / Post Appointment Hearings Decision

Legal Issues

  1. 1 Whether the applicant satisfactorily answered requisitions about the existence and status of alleged sons and related entitlement issues
  2. 2 Whether the applicant's refusal to rectify an earlier erroneous oath affects entitlement or risks revocation of an earlier grant
  3. 3 Whether the applicant's failure to comply with Specified Form L1.3 is fatal or requires correction

Ratio Decidendi

The Master rejected the application because the applicant, a practising solicitor and officer of the court, failed to attend two appointed hearings without explanation, failed to satisfactorily answer material requisitions (notably the unexplained discrepancy regarding alleged sons which could affect entitlement), and refused to comply with the prescribed Specified Form; under statutory provisions and authority the Master was entitled to refuse the grant; the rejection is without prejudice to a fresh application.

Court Disposition

Application for grant rejected without prejudice to a fresh application

Orders

  • Application for grant rejected without prejudice to a fresh application