Hong Kong Case Law: Decisions & Judgments

Topic

Double probate

Legal area

Court

22 Jul 2025

LEE, KAREN YUK LUN (also known as LEE, YUK LUN KAREN in the Will) AND OTHERS v. LEE, ED

Citation

[2025] HKCFI 3187
Court

Court of First Instance
Case number

HCMP1512/2023

The claims to recover repayment of the Loan and any purported Disputed Loan are time‑barred because the cause of action accrued on the date the loans were made (no repayment date was agreed); on the facts the 2nd IOU was a replacement record of the same Loan not a separate loan and interest was waived from 2004; accordingly no enforceable claim or useful declaratory relief exists and double probate is to be granted to Peter with specified interim restraints and costs ordered to be paid out of the Estate.
22 Jul 2025

WONG PETER MING CHUNG v. LEE ED

Citation

[2025] HKCFI 3187
Court

Court of First Instance
Case number

HCAP6/2023

On the evidence the 2nd IOU was a replacement of the original IOU and did not evidence any separate Disputed Loan; factually interest was waived from 2004 and subsequent payments were gratuitous; legally any claim for repayment or interest accrued on or soon after the loans in 2000 and is time‑barred under the Limitation Ordinance, so the Estate cannot enforce repayment; accordingly double probate was granted to Peter and declaratory relief on the loans was refused as academic.
23 Sept 2016

CHAN FOK YI v. CHAN KAM WAH

Citation

CHAN FOK YI v. CHAN KAM WAH
Court

Court of First Instance
Case number

HCMP2437/2015

Leave to appeal was refused because the defendant's proposed grounds had no reasonable prospect of success: the removal order was properly made on grounds of prolonged failure to administer the estate, failure to render accounts, mismanagement and the defendant's late concession to removal; the double probate issue was peripheral and would not alter the costs exercise of discretion; accordingly costs must be borne personally by the defendant and leave to appeal was dismissed.

Hong Kong Case Law

LEE, KAREN YUK LUN (also known as LEE, YUK LUN KAREN in the Will) AND OTHERS v. LEE, ED

WONG PETER MING CHUNG v. LEE ED

CHAN FOK YI v. CHAN KAM WAH