WONG KWOK FAI and Another v. SHAM YIU MAN

WONG KWOK FAI and Another v. SHAM YIU MAN

Requisition No.3 failed because the assignment to the executrix was a valid gift to the personal representative and did not lapse; Requisition No.2 was not satisfactorily answered because the Vendor failed to prove that the Widow was the person truly entitled beneficially and that the Assent could validly vest the property when it was not mentioned in the Probate, therefore good title was not shown and the Purchasers were entitled to relief as ordered.

Citation
WONG KWOK FAI and Another v. SHAM YIU MAN
Parties
1st Plaintiff / Purchaser: WONG KWOK FAI; 2nd Plaintiff / Purchaser: WONG WAI NA; Defendant / Vendor: SHAM YIU MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 September 1995
Case Number
HCMP2147/1995
Procedural Posture
Vendor and Purchaser Summons (conveyancing and Property) / Judgment (handed Down 8 September 1995)
Outcome
Purchasers' summons partly allowed; Vendor's cross-summons dismissed in part.
Legal Topics
Requisitions on Title, Assent Under Probate (s.66), Resulting Trust, Forfeiture of Deposit, Vendor and Purchaser Remedies, Title Validity
Source Language
EN
Property Law Conveyancing Probate Equity Requisitions on Title Assent Under Probate (s.66) Resulting Trust Forfeiture of Deposit +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

WONG KWOK FAI

1st Plaintiff / Purchaser

WONG WAI NA

2nd Plaintiff / Purchaser

SHAM YIU MAN

Defendant / Vendor

Procedural Posture

Vendor and Purchaser Summons (conveyancing and Property) / Judgment (handed Down 8 September 1995)

Legal Issues

  1. 1 Whether an assent to an executrix in respect of land which was not mentioned in the probate was effective to vest beneficial title in the executrix
  2. 2 Whether a gift made by assent to an executrix is valid when the intended beneficiary (the deceased) was already dead at the time of the prior conveyance
  3. 3 Whether the Vendor sufficiently answered requisitions on title such that good title was shown

Ratio Decidendi

Requisition No.3 failed because the assignment to the executrix was a valid gift to the personal representative and did not lapse; Requisition No.2 was not satisfactorily answered because the Vendor failed to prove that the Widow was the person truly entitled beneficially and that the Assent could validly vest the property when it was not mentioned in the Probate, therefore good title was not shown and the Purchasers were entitled to relief as ordered.

Court Disposition

Purchasers' summons partly allowed; Vendor's cross-summons dismissed in part.

Orders

  • Dismiss paragraph (1) of the Originating Summons.
  • Order in terms of paragraphs (2), (3), (4) and (6) of the Originating Summons.