RE WAN SING HON

RE WAN SING HON

Given the existence of a substantive dispute raised by the allegation of an alleged will and evidence of intermeddling, the application for ad colligenda bona could not be determined ex parte or as non-contentious business by the probate master; the matter must proceed as contentious HCMP proceedings with the siblings joined and ordered to produce the alleged will, and interim injunctive relief to preserve the estate was appropriate on the evidence.

Citation
RE WAN SING HON
Parties
Applicant: Plaintiff; Deceased: Deceased; Defendants: Three siblings (identified as alleged intermeddlers)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 2010
Case Number
HCMP1554/2010
Procedural Posture
Probate / Ad Colligenda Bona Application With Ancillary Injunctive Relief / Interim HCMP Hearing; Application Adjourned and Interim Injunction Granted
Outcome
Court assumed conduct under HCMP, joined the identified siblings as defendants, ordered production of the alleged will, adjourned the ad colligenda bona application for inter partes consideration and granted an ex parte interim injunction to preserve the estate.
Legal Topics
Ad Colligenda Bona, Inter Partes Vs Ex Parte Procedure, Preservation Grant, Production of Alleged Will, Duty of Full and Frank Disclosure
Source Language
EN
Probate Civil Procedure Injunctions Non Contentious Probate Rules Ad Colligenda Bona Inter Partes Vs Ex Parte Procedure Preservation Grant Production of Alleged Will +1 more

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Parties

Plaintiff

Applicant

Deceased

Deceased

Three siblings (identified as alleged intermeddlers)

Defendants

Procedural Posture

Probate / Ad Colligenda Bona Application With Ancillary Injunctive Relief / Interim HCMP Hearing; Application Adjourned and Interim Injunction Granted

Legal Issues

  1. 1 Whether an application for ad colligenda bona should be dealt with on inter partes basis given allegations of intermeddling and an alleged will
  2. 2 Whether the probate master or the court (HCMP) has jurisdiction to deal with the application
  3. 3 Whether ex parte interim injunctive relief to prevent dissipation of estate assets should be granted

Ratio Decidendi

Given the existence of a substantive dispute raised by the allegation of an alleged will and evidence of intermeddling, the application for ad colligenda bona could not be determined ex parte or as non-contentious business by the probate master; the matter must proceed as contentious HCMP proceedings with the siblings joined and ordered to produce the alleged will, and interim injunctive relief to preserve the estate was appropriate on the evidence.

Court Disposition

Court assumed conduct under HCMP, joined the identified siblings as defendants, ordered production of the alleged will, adjourned the ad colligenda bona application for inter partes consideration and granted an ex parte interim injunction to preserve the estate.

Orders

  • Three identified siblings to be joined as defendants (ordered 24 August 2010)
  • Siblings ordered under section 7 PAO to produce and bring into the Registry the alleged will (order made 24 August 2010)