SETO WAI LEUNG BENNY v. SE TO SHUK YEE AND OTHERS

SETO WAI LEUNG BENNY v. SE TO SHUK YEE AND OTHERS

On the evidence the Will was validly executed and the 1st Defendant had knowledge of the Will yet procured the grant and disposed of estate assets without authority; accordingly the Grant issued to the 1st Defendant is revoked, the Will is propounded in solemn form, assets received or acquired by the 1st Defendant are held on trust and vest in the Plaintiff as administrator, the 1st Defendant must account and deliver assets, and the Plaintiff is appointed administrator with dispensation of security; costs against the 1st Defendant are awarded on an indemnity basis.

Citation
[2018] HKCFI 2673
Parties
Plaintiff: SETO WAI LEUNG BENNY; 1st Defendant: SE-TO SHUK YEE; 2nd Defendant: SETO SHUK FUN CHRISTINE; 3rd Defendant: SE-TO PUI LUM formerly known as SE-TO SHUK PUI FANNY; 4th Defendant: SETO WAI YIP
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2018
Case Number
HCAP18/2015
Procedural Posture
Probate Action / Judgment
Outcome
Grant of Letters of Administration HCAG007934/2011 to 1st Defendant revoked; Will propounded in solemn form; all assets and proceeds held or acquired by 1st Defendant to be held on trust for and vested in the estate and vested in Plaintiff as administrator; Plaintiff appointed administrator with dispensation of...
Legal Topics
Revocation of Letters of Administration, Propounding a Will in Solemn Form, Appointment of Administrator, Vesting Orders of Misappropriated Assets, Accounting by Administrator/administratrix, Indemnity Costs, Dispensation of Security
Source Language
EN
Probate and Administration Wills and Succession Trusts and Fiduciary Duties Property Law Civil Fraud International Asset Tracing Revocation of Letters of Administration Propounding a Will in Solemn Form +5 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 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SETO WAI LEUNG BENNY

Plaintiff

SE-TO SHUK YEE

1st Defendant

SETO SHUK FUN CHRISTINE

2nd Defendant

SE-TO PUI LUM formerly known as SE-TO SHUK PUI FANNY

3rd Defendant

SETO WAI YIP

4th Defendant

Procedural Posture

Probate Action / Judgment

Legal Issues

  1. 1 Whether the Will was validly executed and should be propounded in solemn form
  2. 2 Whether the 1st Defendant procured the grant of letters of administration by fraud or without knowledge of the Will
  3. 3 Whether the grant of letters of administration issued to the 1st Defendant should be revoked

Ratio Decidendi

On the evidence the Will was validly executed and the 1st Defendant had knowledge of the Will yet procured the grant and disposed of estate assets without authority; accordingly the Grant issued to the 1st Defendant is revoked, the Will is propounded in solemn form, assets received or acquired by the 1st Defendant are held on trust and vest in the Plaintiff as administrator, the 1st Defendant must account and deliver assets, and the Plaintiff is appointed administrator with dispensation of security; costs against the 1st Defendant are awarded on an indemnity basis.

Court Disposition

Grant of Letters of Administration HCAG007934/2011 to 1st Defendant revoked; Will propounded in solemn form; all assets and proceeds held or acquired by 1st Defendant to be held on trust for and vested in the estate and vested in Plaintiff as administrator; Plaintiff appointed administrator with dispensation of...

Orders

  • The grant of Letters of Administration to the estate of the Deceased (Grant No HCAG007934/2011) issued to the 1st Defendant be revoked
  • The 1st Defendant do hold all assets and/or properties which devolve upon her or which she administers in her capacity as the purported administratrix of the Deceased's estate by reason of the Letters of Administration issued to her, including but not limited to all cash, the sales proceeds of the Arts Mansion...