Hong Kong Case Law: Decisions & Judgments

Topic

Probate administration

Legal area

Court

29 Sept 2025

LAM YING KUEN v. LAM CHOR KUEN AND OTHERS

Citation

[2025] HKCA 872
Court

Court of Appeal
Case number

CACV239/2023

The Court held there was no basis to disturb the trial judge's factual findings: the Recorder made a holistic assessment of limited contemporaneous evidence, correctly preferred the defendants' account on inherent probabilities and contemporaneous documents (including the Chinese Document), properly discounted later equivocal probate correspondence, and did not commit any palpable error or breach of procedural fairness; accordingly the Recorder's declaration that the deceased was sole beneficial owner and that the registered proprietors held the Property on trust for her estate was affirmed a…
5 Jul 2023

LAM YING KUEN v. LAM CHOR KUEN AND OTHERS

Citation

[2023] HKCFI 1747
Court

Court of First Instance
Case number

HCA1304/2018

On the balance of probabilities the contemporaneous evidence and credible witness testimony establish that the purchase was funded by a loan arranged for and taken by the deceased and repaid from sources linked to the deceased; the deceased intended to be the beneficial owner from acquisition; the plaintiff's account was inconsistent and implausible. Therefore the legal owners held the Property on trust for the deceased's estate and the plaintiff's claim to be sole beneficial owner is dismissed.
28 Apr 2022

YEUNG, ABRAHAM v. SUN KING KAI

Citation

[2022] HKCFI 1239
Court

Court of First Instance
Case number

HCA413/2015

The claimant failed to prove by clear and compelling evidence the requisite exclusive factual possession and intention to possess to extinguish the registered owner's paper title; the court found on the evidence that Kong had dedicated the Flats for religious purposes and that the Flats are subject to a charitable trust as a matter of fact and law, and accordingly the estate retains title and is entitled to vacant possession and injunctive relief.
30 Aug 2021

HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

Citation

[2021] HKCFI 2527
Court

Court of First Instance
Case number

HCMP146/2019

On construction the word 'grandsons' in clause 4(d) was held to include both paternal and maternal grandsons in its context and purpose; D4's evidence and contemporaneous Declaration established a serious customary adoption in 1969 which the court accepted as 'duly adopted' for the purposes of the Will; therefore D4 qualified under clause 4(d) and the plaintiff's declarations failed and were dismissed.
22 Oct 2015

LIN CHAORAN v. LAM CHIU CHUEN, THE SOLE EXECUTOR NAMED IN THE WILL OF LAM SHEK KEUNG , DECEASED

Citation

LIN CHAORAN v. LAM CHIU CHUEN, THE SOLE EXECUTOR NAMED IN THE WILL OF LAM SHEK KEUNG , DECEASED
Court

Court of First Instance
Case number

HCMP2681/2014

On the uncontested evidence that the plaintiff's Chinese name is 林超然 and that he is a son of the deceased, and given the defendant's consent, the court found the plaintiff to be the person named in the Will despite differing English transliterations and exercised its discretion to grant the declaratory relief.
7 Mar 2011

AU YEUNG YEE MAN v. WAN PO JUN MARY PAULINE

Citation

AU YEUNG YEE MAN v. WAN PO JUN MARY PAULINE
Court

Court of Appeal
Case number

CACV208/2009

Leave to appeal was refused because the defendant's claim based on breach of promise to marry is governed by LARCO s.23, the proposed issue of amending s.23 is a legislative matter not suitable for judicial determination, and there was no arguable point of public or general importance to justify granting leave.
15 Jul 2002

LEUNG KAM YIN, JOYCE v. LEE SAI WAI

Citation

LEUNG KAM YIN, JOYCE v. LEE SAI WAI
Court

Court of First Instance
Case number

HCMP4859/2001

Costs were ordered to follow the event and the plaintiff's costs, taxed on a party and party basis and subject to Legal Aid Regulations, are to be paid from the estate (after payment of the lump sum award); the executrix is entitled to executorial costs from the estate in that capacity but beneficiaries defending are subject to ordinary costs rules; a stay of execution was granted in part — the judgment is stayed except that $1,000,000 must be paid to the plaintiff within three months, the award carries interest from 21 June 2002, and the plaintiff must vacate the home on payment — and probat…

Hong Kong Case Law

LAM YING KUEN v. LAM CHOR KUEN AND OTHERS

LAM YING KUEN v. LAM CHOR KUEN AND OTHERS

YEUNG, ABRAHAM v. SUN KING KAI

HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

LIN CHAORAN v. LAM CHIU CHUEN, THE SOLE EXECUTOR NAMED IN THE WILL OF LAM SHEK KEUNG , DECEASED

AU YEUNG YEE MAN v. WAN PO JUN MARY PAULINE

LEUNG KAM YIN, JOYCE v. LEE SAI WAI