Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Forfeiture rule

Legal area

Court

23 Jul 2024

CHAN SIN MAN (陳倩雯) (also formerly known as 謝倩雯 and CHEN QIAN WEN), the intended Administratrix of the estate of LEE LAI WA (李麗華), deceased v. CHAN TAM FU (陳譚富)

Citation

[2024] HKCFI 1926
Court

Court of First Instance
Case number

HCMP1830/2023

Because the defendant was lawfully convicted of murdering the deceased, the forfeiture rule in Part VA of LARCO precludes him from acquiring any interest in the deceased's estate under the law of intestacy; the plaintiff is an appropriate applicant and there is no credible competing application from the deceased's son, so the court grants letters of administration to the plaintiff and appoints her administratrix.
2 Jun 1999

LIU SUMIN v. LAU TIT SHUN

Citation

LIU SUMIN v. LAU TIT SHUN
Court

Court of First Instance
Case number

HCMP5037/1998

Because the Defendant unlawfully killed the Deceased and was convicted of manslaughter, and no timely application to modify the Forfeiture Rule under section 25B was made (and the Defendant did not oppose the present application), the Forfeiture Rule operates to preclude the Defendant from acquiring any intestacy or survivorship interest in the Deceased's estate or jointly held properties, including the matrimonial property.