6 Sept 2013
VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT
- Citation
- VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT
- Court
- Court of Appeal
- Case number
- CACV23/2013
A foreign executor may commence proceedings in Hong Kong in his capacity as executor before obtaining a Hong Kong grant because an executor's title derives from the will rather than the grant; however a Hong Kong grant must be obtained before proving title or collecting assets in Hong Kong, and the correct exercise of the court's discretion in the present facts is to refuse striking out and to stay proceedings pending issuance of a Hong Kong grant.