6 Jan 2017
WONG YUK WAH IN HIS PERSONAL CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WONG CHIU, DECEASED v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WONG TAK DECEASED
- Citation
- WONG YUK WAH IN HIS PERSONAL CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WONG CHIU, DECEASED v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WONG TAK DECEASED
- Court
- Court of First Instance
- Case number
- HCMP2543/2015
Where a pre‑IEO intestate died without issue, spouse or adopted successor and no competing claimants exist, the court will apply Qing Code Article 88(2) and relevant authorities to vest the estate in the nearest male agnatic next generation (here the nephew Wong Chiu); forfeiture to the State is exceptional and does not apply where a suitable agnatic relative exists, therefore the plaintiff as personal representative of Wong Chiu is entitled to the remaining 50% beneficial interest.