Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-contentious probate

  • 5 Mar 2021

    有關鄭曉群的事宜

    Citation
    [2021] HKCFI 545
    Court
    Court of First Instance
    Case number
    HCMP1940/2020

    A court will not, on a unilateral originating summons, declare a missing person to be legally dead because there is no adversarial dispute and the court lacks jurisdiction to decide hypothetical matters; the correct procedure is to apply under r.52 of the Non-Contentious Probate Rules to the Judicial Registrar and, if necessary, obtain letters of administration to deal with insurance and tenancy issues.

  • 31 Jul 2014

    RE KAN HAK MING

    Citation
    RE KAN HAK MING
    Court
    Court of First Instance
    Case number
    HCAG8661/2012

    The deputy registrar did not err in issuing the requisition because the disputes over status and identity involve substantive contested issues and ongoing contentious proceedings, which place the matter beyond the 'secondary dispute' that a probate master may resolve in non-contentious business.

  • 16 May 2013

    RE CHUNG HSIOA FENG

    Citation
    RE CHUNG HSIOA FENG
    Court
    Court of First Instance
    Case number
    HCAG15196/2012

    The court found that the outstanding requisitions were substantially answered by the solicitor's letter and the amendment to the 2nd Oath; consequently the Daughters are entitled to inherit and administer the deceased's estate under the law of domicile and letters of administration are to be issued to their lawful attorney upon payment of prescribed fees, and the solicitor (Mr Lau) is directed to file a corrective affidavit within 14 days in the Husband's Application to correct the erroneous averment about the Sons.

  • 19 Jan 1995

    RE KWAN YING MAN

    Citation
    RE KWAN YING MAN
    Court
    Court of First Instance
    Case number
    HCAP2302/1994

    Refusal by the Probate Master to grant an appointment was contrary to established practice and wrong in principle; the Probate Master must hear submissions on outstanding requisitions because decisions by probate officers without hearing do not constitute a Registrar's decision for the purposes of appeal under Rule 62; the matter is remitted to the Probate Master to hear the applicant's submissions.