Hong Kong Case Law: Decisions & Judgments

Topic

Rectification of will

Legal area

Court

24 Feb 2023

AU KIN KONG KINNY v. AU PUI YUE CANDY (IN HER PERSONAL CAPACITY AS WELL AS IN HER CAPACITY AS THE ADMINISTRATRIX DE BONIS NON OF THE ESTATE OF LEUNG YEE MEE) AND ANOTHER

Citation

[2023] HKCFI 540
Court

Court of First Instance
Case number

HCAP8/2020

The court held that although administration matters pleaded in a probate action are ordinarily outside the probate jurisdiction, both jurisdictions are vested in the Court of First Instance and the court may exercise case management powers to transfer or convert proceedings rather than striking out; on the facts the impugned administration paragraphs should not be struck out, HCAP 8 is to be transferred to the HCA List as an administration action, HCAP 9 is to be split with probate issues (codicil and removal of executrix insofar as probate) to be tried first and the administration issues to…
3 May 2018

CHAN MAN YIU AND OTHERS v. AN MAN YIU the executor of the estate of Tang Yuk Chun, deceased AND OTHERS

Citation

[2018] HKCFI 922
Court

Court of First Instance
Case number

HCMP3470/2015

The descriptions in the 2006 Will were ambiguous in light of surrounding circumstances (assignments and Deeds of Mutual Covenant showing the car parking space and cocklofts were incident to the respective titles). Extrinsic evidence (the solicitor's evidence and comparison with the 1998 Will) established the Deceased's true intention that the car parking space be devised with the Apartment to the Applicants and that the two cocklofts be devised with Shop 1 and Shop 2 to the 1st Applicant; accordingly a declaration to that effect was granted and rectification was unnecessary.
3 Nov 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

Court varied the costs order nisi on an issue‑by‑issue basis: no order as to costs for the will issue and rectification issue because defendants acted reasonably in putting the plaintiffs to strict proof and the rectification was unopposed; the passing‑over issue was a hostile, adverse claim and D1 must pay the plaintiffs' costs on that issue and 50% of D2 and D3's costs on that issue, to be taxed if not agreed.
31 Jul 2014

CHAN WAN YEE v. CHAN TO FUN

Citation

CHAN WAN YEE v. CHAN TO FUN
Court

Court of First Instance
Case number

HCAP2/2012

The judge accepted the evidence of the solicitor's clerk, the assisting solicitor and the plaintiff, found the will was properly executed on 15 October 2005, that the deceased had testamentary capacity and knew and approved the contents, that the errors were inadvertent and explained, and therefore the will was valid; the defendant's application for a stay of execution pending appeal was dismissed for lack of merit and no real prospect of success, and the defendant was ordered to pay the costs of the application.
14 Feb 2006

WU MAN SHAN v. THE REGISTRAR OF PROBATE

Citation

WU MAN SHAN v. THE REGISTRAR OF PROBATE
Court

Court of First Instance
Case number

HCMP2683/2005

Rule 55 of the English Non-Contentious Probate Rules applies in Hong Kong by virtue of s72(2) PAO; accordingly rectification under s23A WO may be effected by the Registrar within a grant application if one exists, but where no grant application has been filed the proper route is ex-parte MP proceedings before a Master (or Judge as appropriate); a clerical, trivial error which causes no prejudice can be rectified ex-parte and the Registrar need not be joined as respondent.

Hong Kong Case Law

AU KIN KONG KINNY v. AU PUI YUE CANDY (IN HER PERSONAL CAPACITY AS WELL AS IN HER CAPACITY AS THE ADMINISTRATRIX DE BONIS NON OF THE ESTATE OF LEUNG YEE MEE) AND ANOTHER

CHAN MAN YIU AND OTHERS v. AN MAN YIU the executor of the estate of Tang Yuk Chun, deceased AND OTHERS

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

CHAN WAN YEE v. CHAN TO FUN

WU MAN SHAN v. THE REGISTRAR OF PROBATE