KWOK YUK KIENG AND OTHERS v. MAN CHUK HEI

KWOK YUK KIENG AND OTHERS v. MAN CHUK HEI

Because the defendant was divorced from the deceased prior to his death she was not a spouse for the purposes of the Intestates' Estates Ordinance and therefore was not entitled to the grant; the grant obtained by the defendant was revoked and costs were awarded to the plaintiffs.

Citation
[2025] HKCFI 452
Parties
1st Plaintiff: KWOK YUK KIENG; 2nd Plaintiff: KWOK YUK SHAN; 3rd Plaintiff: KWOK WING HEI; Defendant: MAN CHUK HEI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 January 2025
Case Number
HCAP24/2023
Procedural Posture
Probate Action / Judgment Following Trial on Affidavit Evidence
Outcome
Grant No. HCAG 008951/2019 revoked; costs awarded to plaintiffs
Legal Topics
Letters of Administration, Intestates' Estates Ordinance, Revocation of Grant, Substituted Service, Costs
Source Language
EN
Probate Intestacy Civil Procedure Property Letters of Administration Intestates' Estates Ordinance Revocation of Grant Substituted Service +1 more

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Parties

KWOK YUK KIENG

1st Plaintiff

KWOK YUK SHAN

2nd Plaintiff

KWOK WING HEI

3rd Plaintiff

MAN CHUK HEI

Defendant

Procedural Posture

Probate Action / Judgment Following Trial on Affidavit Evidence

Legal Issues

  1. 1 Whether the defendant, divorced before the deceased's death, was entitled to Letters of Administration
  2. 2 Whether the grant obtained by the defendant should be revoked
  3. 3 Whether substituted service was properly effected and the defendant's absence affects relief

Ratio Decidendi

Because the defendant was divorced from the deceased prior to his death she was not a spouse for the purposes of the Intestates' Estates Ordinance and therefore was not entitled to the grant; the grant obtained by the defendant was revoked and costs were awarded to the plaintiffs.

Court Disposition

Grant No. HCAG 008951/2019 revoked; costs awarded to plaintiffs

Orders

  • The Grant of Letters of Administration No. HCAG 008951/2019 granted to the Defendant is revoked
  • The Defendant shall pay the plaintiffs' costs of these proceedings, to be summarily assessed at HK$150,000