Hong Kong Case Law: Decisions & Judgments

27 Sept 2017

ANMOL KUMAR SAWLANI AND OTHERS v. YESHMA GOBINDRAM SAWLANI AND OTHERS

Citation: ANMOL KUMAR SAWLANI AND OTHERS v. YESHMA GOBINDRAM SAWLANI AND OTHERS
Court: Court of First Instance
Case number: HCAP13/2014

The 1997 will was held to embody the deceased's testamentary intentions and was therefore deemed duly executed under s5(2) Wills Ordinance; the reference to the beneficiary 'Anmol G. Sawlani' was a clerical error and the will was rectified under s23A to read 'Anmol Kumar Sawlani'; because of entrenched disputes, lack of trust and conflicts of interest that prevent effective administration, the named executor (D1) was passed over and two partners of PWC were appointed as independent administrators to apply for Letters of Administration.

Deemed execution under s5(2) wills ordinance
Rectification of wills under s23a wills ordinance
Passing over executor and appointment of administrators s36 probate and administration ordinance
Conflict of interest in estate administration
Pronouncement in solemn form
Costs allocation

Hong Kong Case Law

CHEUNG TING KAU, VINCENT v. KOO SIU YING AND ANOTHER

ANMOL KUMAR SAWLANI AND OTHERS v. YESHMA GOBINDRAM SAWLANI AND OTHERS