FUNG SING WAI v. CHOW CHIU WAN AND OTHERS

FUNG SING WAI v. CHOW CHIU WAN AND OTHERS

The court found on the balance of probabilities that the 1947 Chinese modern marriage between Fung senior and Mdm Lee was valid and that there was no satisfactory evidence that Fung senior and Mdm Chow were validly married in 1949; additionally Mdm Chow had made material misrepresentations in her affirmation and thus the 2008 grant was improperly obtained and must be revoked; as between the parties the plaintiff was the more appropriate person to administer the estate; the counterclaim was dismissed except insofar as an ancillary order concerning the legitimacy of Mdm Chow's children was made.

Citation
FUNG SING WAI v. CHOW CHIU WAN AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant, Administratrix: 1st Defendant (Mdm Chow); 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant: 4th Defendant; 5th Defendant (mdm Chow's Child): 5th Defendant; 6th Defendant (mdm Chow's Child): 6th Defendant; 7th Defendant (mdm Chow's Child): 7th Defendant; 8th Defendant (mdm Chow's Child): 8th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2015
Case Number
HCAP17/2011
Procedural Posture
Civil — Probate / Intestacy (revocation of Letters of Administration) / Judgment Delivered by Court of First Instance (trial Judgment)
Outcome
Judgment for the plaintiff; 2008 grant of letters of administration revoked; plaintiff to be granted administration of the estate; counterclaim dismissed except for ancillary order regarding legitimacy of Mdm Chow's children
Legal Topics
Revocation of Letters of Administration, Validity of Foreign Marriage, Intestate Succession, Misrepresentation in Probate Application, Witness Credibility Assessment, DNA Evidence, Mainland Marriage Law
Source Language
EN
Probate Intestacy Family Law Evidence Civil Litigation Revocation of Letters of Administration Validity of Foreign Marriage Intestate Succession +4 more

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Parties

Plaintiff

Plaintiff

1st Defendant (Mdm Chow)

1st Defendant, Administratrix

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant

5th Defendant

5th Defendant (mdm Chow's Child)

6th Defendant

6th Defendant (mdm Chow's Child)

7th Defendant

7th Defendant (mdm Chow's Child)

8th Defendant

8th Defendant (mdm Chow's Child)

Procedural Posture

Civil — Probate / Intestacy (revocation of Letters of Administration) / Judgment Delivered by Court of First Instance (trial Judgment)

Legal Issues

  1. 1 Whether the 1947 Chinese modern marriage between Fung senior and Mdm Lee was valid
  2. 2 Whether a 1949 marriage between Fung senior and Mdm Chow was valid under mainland law/customs
  3. 3 Whether Mdm Chow made material misrepresentations in her affirmation when obtaining the 2008 grant

Ratio Decidendi

The court found on the balance of probabilities that the 1947 Chinese modern marriage between Fung senior and Mdm Lee was valid and that there was no satisfactory evidence that Fung senior and Mdm Chow were validly married in 1949; additionally Mdm Chow had made material misrepresentations in her affirmation and thus the 2008 grant was improperly obtained and must be revoked; as between the parties the plaintiff was the more appropriate person to administer the estate; the counterclaim was dismissed except insofar as an ancillary order concerning the legitimacy of Mdm Chow's children was made.

Court Disposition

Judgment for the plaintiff; 2008 grant of letters of administration revoked; plaintiff to be granted administration of the estate; counterclaim dismissed except for ancillary order regarding legitimacy of Mdm Chow's children

Orders

  • Revocation of the letters of administration granted to Mdm Chow in 2008
  • Letters of administration to be granted to the plaintiff (or order that plaintiff is more appropriate administrator)