RE NG KA WING

RE NG KA WING

The applicant was legally married to another person until 11 November 1977 and therefore had no capacity to enter a valid marriage with the deceased; coupled with the statutory abolition of Chinese customary marriage from 7 October 1971, the purported customary marriage could not establish her as the lawful kit-fat widow, therefore the probate application must be dismissed.

Citation
RE NG KA WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2009
Case Number
HCAG3253/2007
Procedural Posture
Non Contentious Probate / Appointment Under Non Contentious Probate List
Outcome
Applicant's probate application dismissed; applicant not lawful (kit-fat) widow
Legal Topics
Validity of Marriage, Customary Marriage, Capacity to Marry, Affidavit Truthfulness, Grant of Probate
Source Language
EN
Probate Family Law Marriage Law Validity of Marriage Customary Marriage Capacity to Marry Affidavit Truthfulness Grant of Probate

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Procedural Posture

Non Contentious Probate / Appointment Under Non Contentious Probate List

Legal Issues

  1. 1 Whether the applicant was lawfully married to the deceased and therefore entitled to a grant as his kit-fat widow
  2. 2 Whether a purported Chinese customary marriage contracted after 7 October 1971 can be valid in Hong Kong
  3. 3 Whether the applicant had capacity to contract a subsequent marriage while legally married to another person

Ratio Decidendi

The applicant was legally married to another person until 11 November 1977 and therefore had no capacity to enter a valid marriage with the deceased; coupled with the statutory abolition of Chinese customary marriage from 7 October 1971, the purported customary marriage could not establish her as the lawful kit-fat widow, therefore the probate application must be dismissed.

Court Disposition

Applicant's probate application dismissed; applicant not lawful (kit-fat) widow

Orders

  • Applicant's application for grant dismissed
  • No grant of probate to the Applicant as lawful (kit-fat) widow