RE WONG BILL WAI WO aka BILL WONG and BILL WAI WO WONG, deceased

RE WONG BILL WAI WO aka BILL WONG and BILL WAI WO WONG, deceased

Angie was passed over and Esther appointed administratrix because Angie failed to keep and furnish clear and accurate accounts (including non-disclosure of at least one tenant's rental payments into Angie’s personal account), there was a real conflict of interest if Angie remained executrix and no reasonable expectation she would promptly remedy accounting failures; on the Further Evidence Application the Ladd v Marshall first condition failed because the evidence was in Angie’s possession before the Master, so fresh evidence was refused.

Citation
[2023] HKCFI 1364
Parties
Person Warning; Nominated Executrix: Madam Wong-Martin Angie Sie Ying; Caveator; Administratrix (appointed): Madam Esther Mak Wong; Deceased: Wong Bill Wai Wo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 May 2023
Case Number
HCCA5077/2018
Procedural Posture
Probate and Administration Caveat and Removal of Executor (appeal) / Appeal to Court of First Instance; Hearing 22 September 2020; Judgment Delivered May 2023
Outcome
Appeal dismissed; Master Hui’s order affirmed: Angie passed over as executrix of the Hong Kong estate and Esther appointed administratrix; application for further evidence dismissed.
Legal Topics
Removal of Executor, Appointment of Administratrix, Admission of Fresh Evidence on Appeal, Duty to Account by Personal Representative, Conflict of Interest
Source Language
EN
Probate Trusts and Estates Civil Procedure Administration of Estates Removal of Executor Appointment of Administratrix Admission of Fresh Evidence on Appeal Duty to Account by Personal Representative +1 more

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Parties

Madam Wong-Martin Angie Sie Ying

Person Warning; Nominated Executrix

Madam Esther Mak Wong

Caveator; Administratrix (appointed)

Wong Bill Wai Wo

Deceased

Procedural Posture

Probate and Administration Caveat and Removal of Executor (appeal) / Appeal to Court of First Instance; Hearing 22 September 2020; Judgment Delivered May 2023

Legal Issues

  1. 1 Whether the nominated executrix should be passed over and replaced with the administratrix under ss 33(3) and 36 of the Probate and Administration Ordinance
  2. 2 Whether the executrix failed to keep and furnish clear and accurate estate accounts and concealed rental income
  3. 3 Whether the executrix’s position gives rise to a conflict of interest preventing proper administration

Ratio Decidendi

Angie was passed over and Esther appointed administratrix because Angie failed to keep and furnish clear and accurate accounts (including non-disclosure of at least one tenant's rental payments into Angie’s personal account), there was a real conflict of interest if Angie remained executrix and no reasonable expectation she would promptly remedy accounting failures; on the Further Evidence Application the Ladd v Marshall first condition failed because the evidence was in Angie’s possession before the Master, so fresh evidence was refused.

Court Disposition

Appeal dismissed; Master Hui’s order affirmed: Angie passed over as executrix of the Hong Kong estate and Esther appointed administratrix; application for further evidence dismissed.

Orders

  • Appeal dismissed
  • Further Evidence Application dismissed