Hong Kong Case Law: Decisions & Judgments

Topic

Executor rights

Legal area

Court

10 Feb 2021

WONG CHAAU HOP as sole administratrix of LEUNG FUNG, deceased v. CHEUNG CHI WAI

Citation

[2021] HKCFI 318
Court

Court of First Instance
Case number

HCMP2342/2015

The court held that for an administrator claiming land of an intestate, time for limitation runs from the deceased's date of death under s16 read with ss7 and 8 of the Limitation Ordinance; the plaintiff was precluded from relying on an alleged will contrary to her pleaded intestacy so s26(1)(b) concealment did not delay limitation; documentary evidence established continuous adverse possession by the defendant from 1992 which extinguished the plaintiff's title, and the defendant failed to discharge the burden of proof for resulting or constructive trust or proprietary estoppel.
26 Jul 2018

ZHAO SHAOYUAN, the executrix of the Estate of PUN HOK CHI, Deceased v. CHAN MEE LIN

Citation

[2018] HKCFI 1724
Court

Court of First Instance
Case number

HCMP855/2018

On the available evidence (Cemetery transfer documentation, multiple affirmations from Cemetery personnel and contemporaneous nursing/consultation notes indicating the deceased expressed burial wishes and handed funeral matters to the plaintiff) the 2nd will is prima facie the deceased's last will and the plaintiff is prima facie the executrix entitled to possession of the body; the deceased's clear expressed wish to be buried in the Shenzhen Cemetery outweighs defendant's assertions and the defendant's alternate remedies are inappropriate; accordingly the plaintiff is authorised to retrieve…
18 Sept 2017

WONG LAI YIN HARRY, the executor of the estate of TIN FUNG YING, deceased v. WONG CHI YIN

Citation

WONG LAI YIN HARRY, the executor of the estate of TIN FUNG YING, deceased v. WONG CHI YIN
Court

District Court
Case number

DCCJ5071/2016

Plaintiff, as executor, had prima facie title to possession from death; defendant failed to show any triable issue or pleaded estoppel/beneficial interest to defeat a summary possession order; summary judgment granted for possession with 12 weeks to deliver vacant possession; however mesne profits from date of death were not made out on the pleaded case and present factual disputes as to occupation and notice render mesne profits triable, so defendant given unconditional leave to defend that claim.
24 Sept 2014

CHEUNG SIK LANG, the sole executor in the estate of CHEUNG WAI WAH, deceased v. LEE PUI LAI

Citation

CHEUNG SIK LANG, the sole executor in the estate of CHEUNG WAI WAH, deceased v. LEE PUI LAI
Court

District Court
Case number

DCCJ1472/2012

The licence held by the defendant was a bare, revocable licence; no enforceable contractual licence for life could be inferred from the evidence; proprietary estoppel failed because there was no clear representation, no proven reliance and no detriment; the licence terminated on the death of the Mother (or at latest upon the demand letter), entitling the plaintiff as sole executor to possession; costs ordered nisi to plaintiff.
19 May 2010

TO HAY MING v. TO HEI WO

Citation

TO HAY MING v. TO HEI WO
Court

Court of First Instance
Case number

HCA315/2009

The court concluded on the evidence that the flat was a gift from the plaintiff's father to the plaintiff, and therefore granted judgment for the plaintiff; the occupation was not adverse possession but either a gift-derived right or by leave of the father and executor; retrospective leave to serve the summons and second affirmation out of jurisdiction was granted.

Hong Kong Case Law

WONG CHAAU HOP as sole administratrix of LEUNG FUNG, deceased v. CHEUNG CHI WAI

ZHAO SHAOYUAN, the executrix of the Estate of PUN HOK CHI, Deceased v. CHAN MEE LIN

WONG LAI YIN HARRY, the executor of the estate of TIN FUNG YING, deceased v. WONG CHI YIN

CHEUNG SIK LANG, the sole executor in the estate of CHEUNG WAI WAH, deceased v. LEE PUI LAI

TO HAY MING v. TO HEI WO