Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Executor capacities
  • 20 Jan 2006

    RE SIK TANG YUET

    Citation
    RE SIK TANG YUET
    Court
    Court of First Instance
    Case number
    HCAG2993/2005

    An executor who holds multiple capacities under the will must expressly renounce each capacity in the renunciation in accordance with Rule 35(1) and the Specified Form No.9; the renunciation as filed was insufficiently specific and the requisitions must be complied with, although the Master exercised limited discretion to allow a filed affidavit confirming the renunciant's informed renunciation of the r19(ii) capacity in lieu of amending the form on a without-precedent basis.