Hong Kong Case Law: Decisions & Judgments

Topic

Executor remuneration

Legal area

Court

25 Oct 2019

YUNG IVAN CAESAR AND OTHERS v. YUNG SIU CHEE MARGARET AND OTHERS

Citation

[2019] HKCFI 2609
Court

Court of First Instance
Case number

HCMP1568/2017

The Court refused to allow the proposed additional remuneration to Fionne Choy to be charged to the estate because it was for her personal use, unsupported by evidence of need, and advanced in a partisan manner; accordingly costs and payments related to that issue are not to be borne by the estate and may be ordered against the executrices personally, with previously paid remuneration to be refunded as appropriate.
23 Jul 2019

YUNG IVAN CAESAR AND OTHERS v. YUNG SIU CHEE MARGARET AND OTHERS

Citation

[2019] HKCFI 1767
Court

Court of First Instance
Case number

HCMP1568/2017

The court refused the application for additional remuneration to Fionne Choy because the Will had already fixed remuneration and the executors failed to discharge the onus of showing that the fixed amount was inadequate or that special circumstances existed; similarly, costs of the PRC proceedings could not be allowed out of the estate because the executors failed to produce pre-litigation advice and full disclosure necessary to show the litigation was reasonably and properly brought, and the court would not have authorised those proceedings on the material before it.
23 Jul 2019

YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS

Citation

[2019] HKCFI 1767
Court

Court of First Instance
Case number

HCMP1682/2016

The court held that substantial weight must be given to the testator's express provision for remuneration in the will; the executrices failed to discharge the onus of showing the will's fixed remuneration was inadequate or that special circumstances existed. Consequently the court would not exercise its discretion to grant additional remuneration to Fionne Choy beyond the amount provided in the will. Further, because the executrices did not produce pre-litigation advice or disclose strengths and weaknesses, the court would not have authorized the PRC proceedings and would not allow their cost…
4 Aug 2017

李濙余對李智揚又名李智陽

Citation

李濙余對李智揚又名李智陽
Court

District Court
Case number

DCCJ4974/2014

The District Court lacked jurisdiction because the total value of the deceased's estate, including bank deposits and real property (228 ground and 228 sixth-floor with roof and domestic properties), exceeded the District Court monetary limits in s37(2)(a); accordingly the District Court was required to transfer the plaintiff's claim and the defendant's counterclaim to the High Court under s41(1) (and s42 for the whole case).

Hong Kong Case Law

YUNG IVAN CAESAR AND OTHERS v. YUNG SIU CHEE MARGARET AND OTHERS

YUNG IVAN CAESAR AND OTHERS v. YUNG SIU CHEE MARGARET AND OTHERS

YUNG SIU CHEE MARGARET AND OTHERS v. CHOY CHING WA FIONNE AND OTHERS

李濙余 對 李智揚又名李智陽

李濙余對李智揚又名李智陽