Hong Kong Case Law: Decisions & Judgments

Topic

Letters of administration with will annexed

Legal area

Court

19 Sept 2024

RE SZE LIN ON

Citation

[2024] HKCFI 1865
Court

Court of First Instance
Case number

HCAG14848/2020

The will is validly executed but the specific disposition of the landed property to the Applicant is void under s10(1) Wills Ordinance because one attesting witness was the Applicant's wife; neither s10(3) (not engaged because only two witnesses) nor s5(2) or s5(1)(d)(ii) can be used to circumvent the statutory bar, therefore the application for grant based on that disposition must be dismissed.
28 Feb 2024

LEUNG PUI SZE v. POON CHIU SIM AND OTHERS

Citation

[2024] HKCFI 549
Court

Court of First Instance
Case number

HCAP5/2023

On the undisputed affidavit evidence, including corroborating witness affirmations and the deceased's thumbprint on a handwritten document consistent with an earlier declared intention, the court was satisfied beyond reasonable doubt under s5(2) Wills Ordinance that the document embodied the deceased's testamentary intentions; the deceased had testamentary capacity and knowledge and approval when executing it; the Will therefore is valid despite non-compliance with s5(1); and, because the Will disposed of two substantial assets in favour of the plaintiff, the plaintiff is entitled to be appoi…
17 Aug 2009

RE HO NAI CHEW

Citation

RE HO NAI CHEW
Court

Court of First Instance
Case number

HCCA1035/2009

Section 40(1) PAO is confined to situations where a probate action or suit is pending in court; non-contentious registry applications or caveat/warning do not constitute lis pendens and therefore do not empower the court to appoint an administrator pendente lite under s40(1). The court lacked jurisdiction to entertain SOJ's application and SOJ, having withdrawn the summons, must pay PWs' costs, to be reimbursed from the 1/6 of the estate allocated to the charity fund.
31 Jul 2009

RE NCS

Citation

RE NCS
Court

Court of First Instance
Case number

HCAG1036/2008

Where the named executor is mentally incapacitated, the estate is substantial and the applicant cannot provide the surety guarantee required by the Registrar, the court will require the applicant to commence Part II Mental Health Ordinance proceedings as a condition for a grant; Rule 33 NCPR does not restrict the court's general discretion under Section 36 PAO and the court must not order a grant on mere undertakings where Part II supervision is appropriate.
29 Jun 2009

WU CHIU MUI v. WU CHAK MAN

Citation

WU CHIU MUI v. WU CHAK MAN
Court

Court of First Instance
Case number

HCMP2170/2008

The Master exercised his discretion to cure the procedural irregularity by treating the originating summons as if it were a summons under rule 25(2) NCPR because the originating summons had been duly served, the Son and his solicitors failed to oppose or show intent to proceed, and no prejudice would result; having regard to the Son's inaction and the benefit to the estate, the Daughter was deemed a more suitable person to apply for the grant and directed to be issued the grant once entitlement is shown, with directions given for withdrawal or further submissions concerning the existing Son's…
3 Nov 2006

RE LAM CHOI HING BILLY

Citation

RE LAM CHOI HING BILLY
Court

Court of First Instance
Case number

HCAG10342/2000

Although bankruptcy alone does not require revocation of a grant, the executor's prolonged failure to administer the estate, disappearance and subsequent bankruptcy demonstrated unfitness and unsuitability; the court exercised its discretion to revoke the grant of probate and order letters of administration with the will annexed in favour of Lam Fong-yin (if entitled), and ordered costs against the executor personally.
20 Jan 2006

RE LI YIP WANG

Citation

RE LI YIP WANG
Court

Court of First Instance
Case number

HCEA38/2005

The ex-parte application under section 36 PAO was declined because the applicant could not properly bypass the residuary legatee (the surviving wife) who has priority under rule 19 NCPR and because the Court will not permit the Estate Duty Office's investigations or Hong Kong probate procedures to be circumvented; the correct procedure is to obtain or reseal the wife's grant in Hong Kong and allow estate duty enquiries to run their course.

Hong Kong Case Law

RE SZE LIN ON

LEUNG PUI SZE v. POON CHIU SIM AND OTHERS

RE HO NAI CHEW

RE NCS

WU CHIU MUI v. WU CHAK MAN

RE LAM CHOI HING BILLY

RE LI YIP WANG