Hong Kong Case Law: Decisions & Judgments

Topic

Probate

Legal area

Court

24 Jun 2025

CX v. HKC, the sole executor of the estate of HKM, deceased

Citation

[2025] HKFC 115
Court

Family Court
Case number

FCMP9/2024

Although the applicant was untruthful about when she learned of the grant of probate and failed to provide satisfactory justification for a lengthy and unexplained delay, the court exercised its judicial discretion to grant leave because the estate (notably the matrimonial Chai Wan property) remained undistributed, allowing a substantive contest causes no prejudice to the respondent, and the applicant, as the deceased's wife, has an arguable/triable claim under the IPFDO requiring resolution on the merits.
2 Apr 2020

TSANG YEE KAM v. YIP KWUN LUN, the executor of the estate of YIP SHING, Deceased

Citation

[2020] HKCFI 553
Court

Court of First Instance
Case number

HCA608/2014

The court declared that Mother is beneficially entitled to 50% of Chung Sing Flat, 50% of Shop 10 and a 50% share of the Sale Proceeds of Yau Wing Hong Tower (RMB 1,800,000 → RMB 900,000), and that Father/D held those assets on trust for Mother and himself as tenants in common in equal shares. The decision was based on (a) direct payment by Mother/Madam Leung of the refunded sum used as down payment (HK$14,840) and continuing contributions to mortgage/outgoings, (b) joint contributions and conduct evidencing a common intention that the family business Yau Wing Hong and its profits/assets were…
31 Jan 2019

SOSHILA KESWANI v. MOTIRAM KESWANI

Citation

[2019] HKDC 135
Court

District Court
Case number

DCCJ579/2013

On the balance of probabilities the defendant mistakenly believed the documents were routine probate documents, the solicitor did not explain their nature, the plaintiff was likely the instructing party to procure the documents, and the defendant was not negligent in signing; therefore non est factum applies and the Deed and Assignment are void as between plaintiff and defendant, defeating plaintiff’s claim and entitling defendant to a declaration.
27 Aug 2018

LEUNG YUET MING, Executrix of the Estate of LEUNG WING CHUEN (Deceased) v. LEUNG YEUK HUNG

Citation

[2018] HKCFI 1911
Court

Court of First Instance
Case number

HCMP1880/2017

There were substantial and genuine factual disputes about ownership, financial contribution and intent which could not be resolved on affidavit evidence; accordingly, under Order 28 r8(1) the proceedings should continue as if commenced by writ, with specified pleading, discovery and evidence timetables, and costs awarded to the defendant for specified summonses.
29 Nov 2017

HAN MEI FANG v. ALL OCCUPIERS OF FLAT F, 6TH FLOOR, KAPOK MANSION, NO 123 CASTLE PEAK ROAD, TSUEN WAN, NEW TERRITORIES, HONG KONG AND OTHERS

Citation

HAN MEI FANG v. ALL OCCUPIERS OF FLAT F, 6TH FLOOR, KAPOK MANSION, NO 123 CASTLE PEAK ROAD, TSUEN WAN, NEW TERRITORIES, HONG KONG AND OTHERS
Court

District Court
Case number

DCMP3071/2012

The court found no common intention that the 2nd defendant should be the sole beneficial owner; the contemporaneous documents and evidence showed any beneficial interest was intended for the wider 'Wong family' rather than the 2nd defendant alone, a case not pleaded and void for uncertainty; the late application to re-plead a trust for the family was refused as prejudicial and late; the plaintiff as administratrix held legal and beneficial title by the Assent and the defendants occupying after licence revocation were trespassers entitled to eviction and damages at the agreed market rent of HK…
29 Jan 2016

HUI FU KEUNG CHRISTOPHER v. WONG SUI SUM

Citation

HUI FU KEUNG CHRISTOPHER v. WONG SUI SUM
Court

District Court
Case number

DCCJ4358/2013

The court found the occupiers made repeated representations that rent would be paid when the defendant became the registered owner, which negated any clear intention to exclude the owner (animus possidendi); ordinary acts of occupancy and payment of some bills were consistent with tenant permission and not sufficient for adverse possession; accordingly plaintiff failed to prove adverse possession and the claim was dismissed. The court also held the will created a trust leaving the defendant with a beneficial interest so limitation would not have run to bar the defendant's claim earlier in any…
30 Oct 2012

RE HU HSIAO SHENG

Citation

RE HU HSIAO SHENG
Court

Court of First Instance
Case number

HCCI2/2012

The 2003 document was held not to embody the requisite animus testandi because it operated as an arrangement to repay loans rather than a testamentary disposition; therefore it is not a valid provable will under s.5 and must be disregarded, leaving the 2000 Will as the Deceased's last will and justifying grant of probate to the applicant.
20 Oct 2009

ATHENA RESOURCES LTD v. YUNG SHU WU, EXECUTOR OF THE ESTATE OF WU KWANG SHU (DECEASED) AND ANOTHER

Citation

ATHENA RESOURCES LTD v. YUNG SHU WU, EXECUTOR OF THE ESTATE OF WU KWANG SHU (DECEASED) AND ANOTHER
Court

Court of First Instance
Case number

HCA1447/2008

The stipulation filed in the New York Surrogate's Court, together with the executor's application for Hong Kong probate and the decedent's tax returns, established the decedent as domiciled and ordinarily resident in Hong Kong; therefore the case fell within Order 11(1)(a) and met the requirements of Order 11(4)(ii), permitting service of the writ outside the jurisdiction on the overseas executor.
5 Jan 2000

BERMUDA TRUST (HONG KONG) LTD. v. THE SHUM YEE HING TONG CO., LTD.

Citation

BERMUDA TRUST (HONG KONG) LTD. v. THE SHUM YEE HING TONG CO., LTD.
Court

Court of First Instance
Case number

HCA15976/1998

The conditional bequest remained unfulfilled because estate duty had not been paid; the alleged representation/assent could not override the terms of the will nor create beneficial entitlement where the company and Mr Shum had knowledge of the will's condition; there was no sufficient reliance or detriment to establish estoppel; therefore summary judgment for the executor was appropriate, with interest at judgment rate to run from 21 July 1998.