RE HAN FEI

RE HAN FEI

The application was dismissed because it failed materially to comply with mandatory provisions of the Non-Contentious Probate Rules and the Guide to Non-Contentious Probate Practice (wrong/absent specified forms, lack of required apostille/authentication, inadequate competent proof of entitlement, and improperly executed affidavits and execution pages), and the defects were such that the court would not properly exercise any discretion to waive compliance.

Citation
RE HAN FEI
Parties
Deceased: Han Fei; Applicant: the husband
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2015
Case Number
HCAG1463/2015
Procedural Posture
Application for Grant of Letters of Administration (non Contentious Probate) / Application Heard and Dismissed on Procedural Grounds
Outcome
Application dismissed without prejudice to a new application
Legal Topics
Letters of Administration, Specified Forms and Execution, Authentication of Foreign Documents, Power of Attorney, Dismissal for Non Compliance
Source Language
EN
Probate Non Contentious Probate Practice Conflict of Laws Civil Procedure Letters of Administration Specified Forms and Execution Authentication of Foreign Documents Power of Attorney +1 more

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Parties

Han Fei

Deceased

the husband

Applicant

Procedural Posture

Application for Grant of Letters of Administration (non Contentious Probate) / Application Heard and Dismissed on Procedural Grounds

Legal Issues

  1. 1 Whether Rule 29 NCPR required an ex-parte application for a deceased domiciled abroad and whether the applicant complied
  2. 2 Whether correct specified forms (F3.1/F4.1 or L3.1) were used and properly executed
  3. 3 Whether foreign death certificate was properly authenticated (apostille) under Hague Convention

Ratio Decidendi

The application was dismissed because it failed materially to comply with mandatory provisions of the Non-Contentious Probate Rules and the Guide to Non-Contentious Probate Practice (wrong/absent specified forms, lack of required apostille/authentication, inadequate competent proof of entitlement, and improperly executed affidavits and execution pages), and the defects were such that the court would not properly exercise any discretion to waive compliance.

Court Disposition

Application dismissed without prejudice to a new application

Orders

  • Application dismissed without prejudice to a new application by the husband or his attorney