YIP YUEN CHUN SHIREA v. CHICK TAK HIM in his capacity as executor of the estate of CHICK TAK HONG PETER

YIP YUEN CHUN SHIREA v. CHICK TAK HIM in his capacity as executor of the estate of CHICK TAK HONG PETER

The court found the Brother fell short of providing a full account as required and granted an order compelling production of a full inventory and account within 21 days, but concluded that the remaining administration tasks and disputes were limited and largely concerned beneficiary rights under the DFA; removal of the Brother as executor was unnecessary and the remainder of the originating summons was dismissed. A nisi costs order of no order as to costs was made to become absolute in 14 days absent application.

Citation
[2026] HKCFI 1297
Parties
Plaintiff (widow): Yip Yuen Chun Shirea; Defendant (executor and Brother): Chick Tak Him
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2026
Case Number
HCMP1244/2023
Procedural Posture
Probate and Administration Removal of Executor and Account Under Probate and Administration Ordinance / Judgment (court of First Instance) 6 March 2026
Outcome
Part of application granted in part; primary relief of removal dismissed.
Legal Topics
Removal of Executor, Accounting by Personal Representative, Family Arrangement Deed (dfa), Assent and Transfer of Property, Set Off and Interest on Withheld Funds, Costs in Probate Proceedings, Mediation in Estate Disputes
Source Language
EN
Probate Administration of Estates Trusts Civil Procedure Removal of Executor Accounting by Personal Representative Family Arrangement Deed (dfa) Assent and Transfer of Property +3 more

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Parties

Yip Yuen Chun Shirea

Plaintiff (widow)

Chick Tak Him

Defendant (executor and Brother)

Procedural Posture

Probate and Administration Removal of Executor and Account Under Probate and Administration Ordinance / Judgment (court of First Instance) 6 March 2026

Legal Issues

  1. 1 Whether the executor should be removed under s.33(3) PAO for failures in administration and alleged concealment of assets
  2. 2 Whether the executor rendered a full and proper inventory and account under s.56 PAO
  3. 3 Lawfulness of deductions/set-offs applied by the executor (HK$3,000,000 term loan deduction; set-off for PRC property consideration)

Ratio Decidendi

The court found the Brother fell short of providing a full account as required and granted an order compelling production of a full inventory and account within 21 days, but concluded that the remaining administration tasks and disputes were limited and largely concerned beneficiary rights under the DFA; removal of the Brother as executor was unnecessary and the remainder of the originating summons was dismissed. A nisi costs order of no order as to costs was made to become absolute in 14 days absent application.

Court Disposition

Part of application granted in part; primary relief of removal dismissed.

Orders

  • The defendant (Brother) shall, within 21 days, provide a full inventory and account of the assets of the estate, particularly the insurance payouts, including movement and dealings since grant of Letters of Administration up to date, with all supporting documents (previously provided documents excepted).
  • Rest of the originating summons is dismissed (the Widow's application to remove the Brother as executor is refused).