15 Feb 2006
YEUNG YUK YIN v. CHIU TAT SI AND ANOTHER
- Citation
- YEUNG YUK YIN v. CHIU TAT SI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4556/2003
Section 53 of the Probate and Administration Ordinance does not clearly amend the common law rule; an executor must produce the grant of probate to obtain final relief that requires proof of title. The interlocutory stage of this action had not reached the point requiring production of probate, so the stay of the overarching action was removed but the plaintiff's summons for a final account was dismissed absent production of probate.