CHU PONG YUEN v. LEE YUET MEI

CHU PONG YUEN v. LEE YUET MEI

The court refused to make consent orders because the applicants failed to adduce any evidence proving the due execution and validity of the two wills and there were unexplained, material facts that required examination; the court will not revoke grants or grant probate by mere consent without satisfactory evidence and was not prepared to try the matters on affidavit evidence.

Citation
[2019] HKCFI 925
Parties
Plaintiff (executor): Chu Pong Yuen; Plaintiff (executor): Lee Kwai Keung; Defendant (grantee/administratrix): Madam Lee; Defendant (grantee/administratrix): Madam Kwo; Deceased (testator): Lee Man Hung; Deceased (testator): Ma Wai Hong Danny
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2019
Case Number
HCAP19/2017
Procedural Posture
Probate: Revocation of Grant and Application for Probate / Oral Hearing on Consent Summonses Seeking Revocation and Probate
Outcome
The 1st and 2nd Consent Summonses are dismissed; no order as to costs.
Legal Topics
Revocation of Letters of Administration, Probate of Will, Due Execution of Will, Affidavit of Testamentary Scripts, Trial on Affidavit Evidence, Consent Summons Procedure
Source Language
EN
Probate Wills and Succession Civil Procedure Revocation of Letters of Administration Probate of Will Due Execution of Will Affidavit of Testamentary Scripts Trial on Affidavit Evidence +1 more

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Parties

Chu Pong Yuen

Plaintiff (executor)

Lee Kwai Keung

Plaintiff (executor)

Madam Lee

Defendant (grantee/administratrix)

Madam Kwo

Defendant (grantee/administratrix)

Lee Man Hung

Deceased (testator)

Ma Wai Hong Danny

Deceased (testator)

Procedural Posture

Probate: Revocation of Grant and Application for Probate / Oral Hearing on Consent Summonses Seeking Revocation and Probate

Legal Issues

  1. 1 Whether the purported wills were duly executed and can support revocation of prior grants
  2. 2 Whether the parties complied with procedural requirements (Order 76 rules 4,5,12)
  3. 3 Whether the court should grant probate or revoke grants on consent without examination of evidence

Ratio Decidendi

The court refused to make consent orders because the applicants failed to adduce any evidence proving the due execution and validity of the two wills and there were unexplained, material facts that required examination; the court will not revoke grants or grant probate by mere consent without satisfactory evidence and was not prepared to try the matters on affidavit evidence.

Court Disposition

The 1st and 2nd Consent Summonses are dismissed; no order as to costs.

Orders

  • The 1st and 2nd Consent Summonses are dismissed.
  • No order as to costs.