RE LI (or LEE) WING CHUN (or CHUEN)

RE LI (or LEE) WING CHUN (or CHUEN)

s.36 could not be invoked in this case because a full grant had already been issued to the executors and that grant remained valid and subsisting; consequently a de bonis non grant was not appropriate because not all grantees had died or failed to complete administration; the ex parte s.36 application was therefore rejected and the Applicant must pursue the appropriate procedural route or file a fresh application.

Citation
RE LI (or LEE) WING CHUN (or CHUEN)
Parties
Applicant Seeking Letters of Administration: Applicant; Deceased: LI (or LEE) WING CHUN; Executrix Under the Will and Sole Residuary Legatee (deceased): Wai Lai Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 June 2011
Case Number
HCEA41/2010
Procedural Posture
Non‑contentious Probate Application (s.36 of the Probate and Administration Ordinance) / Ex Parte Application / Appointment Hearing and Decision
Outcome
Application refused
Legal Topics
S.36 Probate and Administration Ordinance, De Bonis Non Grant, Ad Colligenda Bona, Jurisdictional Limits, Procedural Regularity
Source Language
EN
Probate Succession Estate Administration Civil Procedure S.36 Probate and Administration Ordinance De Bonis Non Grant Ad Colligenda Bona Jurisdictional Limits +1 more

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Parties

Applicant

Applicant Seeking Letters of Administration

LI (or LEE) WING CHUN

Deceased

Wai Lai Chun

Executrix Under the Will and Sole Residuary Legatee (deceased)

Procedural Posture

Non‑contentious Probate Application (s.36 of the Probate and Administration Ordinance) / Ex Parte Application / Appointment Hearing and Decision

Legal Issues

  1. 1 Whether the court may invoke s.36 to grant letters of administration in respect of unadministered assets where a full grant was already issued to executors
  2. 2 Whether a de bonis non grant is available where only some grantees have died and administration remains incomplete
  3. 3 Whether the s.36 ex parte procedure was the correct procedural route

Ratio Decidendi

s.36 could not be invoked in this case because a full grant had already been issued to the executors and that grant remained valid and subsisting; consequently a de bonis non grant was not appropriate because not all grantees had died or failed to complete administration; the ex parte s.36 application was therefore rejected and the Applicant must pursue the appropriate procedural route or file a fresh application.

Court Disposition

Application refused

Orders

  • Application refused
  • Applicant at liberty to file a fresh application and may rely on the documents already filed to support any fresh application