Hong Kong Case Law: Decisions & Judgments

Topic

Interpretation of wills

Legal area

Court

20 Nov 2025

RE DAVID ANTONY CROASDALE, the Executor of the estate of BOYDELL MICHAEL WILLIAM, Deceased

Citation

[2025] HKCFI 5669
Court

Court of First Instance
Case number

HCMP2303/2023

The Court held that Clause 6 required only that a valid letter of wishes be prepared by the deceased and provided to the trustee during the deceased's lifetime; such a letter may be received after execution of the will. Text messages can qualify as letters of wishes if proven to have originated from the deceased. Applying those principles, the Court found the alleged August 4, 2020 texts to Tina and Paul invalid for the purposes of Clause 6 (the Tina text was not provided to the trustee during the deceased's lifetime; the Paul text was not proven to exist or originate from the deceased), and…
10 Sept 2024

WU WAI SUN v. WU SIU LING LINDA, in her personal capacity and as the sole executrix of the estate of WOO CHUN SZE, deceased AND OTHERS

Citation

[2024] HKCFI 2382
Court

Court of First Instance
Case number

HCMP196/2018

Court held there was insufficient evidence that the Shatin Property was solely the deceased's beneficial property; the 02.09.09 statement and alleged oral family agreement were ineffective to displace legal title or statutory spousal entitlements; Clauses (3)(ii) and (4) of the 2014 Will did not require plaintiff to be sole arranger nor did they operate to deprive parties who bring administration proceedings; plaintiff was not in breach of those clauses; however 1st defendant failed to keep estate funds in separate estate accounts, intermingled funds, provided piecemeal disclosure and demonst…
9 Sept 2015

HO KAI NGONG JOHN v. HO OLIVER LEUNG TODD AND OTHERS

Citation

HO KAI NGONG JOHN v. HO OLIVER LEUNG TODD AND OTHERS
Court

Court of First Instance
Case number

HCMP1700/2015

Applying s35(1)(f) Cap 10 and s23(1) Cap 30 the court found the executor had renounced, the proposed administrator was suitable and had consented, and the predeceased beneficiaries are replaced by their living issue; accordingly letters of administration with the will dated 17 July 1998 annexed were granted to Cheng Hong‑kei, Andrew and estate costs and professional charges were to be borne by the estate on an indemnity basis.
24 Sept 1984

WING LUNG BANK LTD v. SARAH TONG KWOK HON WAH

Citation

WING LUNG BANK LTD v. SARAH TONG KWOK HON WAH
Court

Court of First Instance
Case number

HCA10748/1983

The defendant's contingent entitlement under the will was an interest in the value or proceeds of the properties (or their replacements) at the end of the ten-year period, not an equitable or legal interest in the land itself; accordingly section 20(1) of the Supreme Court Ordinance does not permit a charging order over that interest under Hong Kong law, so the charging orders made below must be discharged.
6 Jan 1981

LI FOOK-SHU AND OTHERS v. COMMISSIONER OF ESTATE DUTY

Citation

LI FOOK-SHU AND OTHERS v. COMMISSIONER OF ESTATE DUTY
Court

Court of Appeal
Case number

CACV92/1979

Gift to trustees with power to appoint was within s.10(g) where trustees in fact appointed a Hong Kong charity, but exemption is limited to the proportion of the residuary estate that is chargeable to Hong Kong estate duty; apportionment was proper because the will imposes the donation burden on the whole residue and property already not liable to duty cannot be doubly exempted.

Hong Kong Case Law

RE DAVID ANTONY CROASDALE, the Executor of the estate of BOYDELL MICHAEL WILLIAM, Deceased

WU WAI SUN v. WU SIU LING LINDA, in her personal capacity and as the sole executrix of the estate of WOO CHUN SZE, deceased AND OTHERS

HO KAI NGONG JOHN v. HO OLIVER LEUNG TODD AND OTHERS

WING LUNG BANK LTD v. SARAH TONG KWOK HON WAH

LI FOOK-SHU AND OTHERS v. COMMISSIONER OF ESTATE DUTY