Hong Kong Case Law: Decisions & Judgments

Topic

Revocation of grant of probate

Legal area

Court

7 Feb 2025

NG KWOK WING v. ng KWOK FAI in the capacity of the executor of the estate of TANG FU, Deceased

Citation

[2025] HKCFI 600
Court

Court of First Instance
Case number

HCMP563/2023

The Originating Summons is premised on the 2011 Will being the last valid will; because the separate Probate Action directly challenges the validity/priority of that will and its outcome may wholly determine the entitlement to any relief in the OS, the court must stay the OS for case management, balancing convenience and fairness; accordingly the summons for a stay is allowed and costs are ordered against the plaintiff.
22 Jun 2021

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. RAYMOND CHAN, KENNETH YUEN & CO., SOLICITORS (A FIRM)

Citation

[2021] HKCFI 1787
Court

Court of First Instance
Case number

HCA1115/2019

The court exercised its discretion and dismissed the stay applications: lodgement of a grant does not automatically suspend an executrix’ standing to continue proceedings and, on the facts, the Probate Action was not shown to be dispositive of the Share and Property Actions; defendants had failed to progress the Probate Action and delay would unfairly prejudice the executrix and the estate (elderly key witness, early stage of actions). Consequently, the stay of the Share Action and Property Action was refused and the APL (administratrix pendente lite) applications were adjourned sine die with…
6 Aug 2020

TSANG GRACE YEE MAN also known as GRACE YEE MAN TSANG EBTEHADJ v. TSANG WILLY

Citation

[2020] HKCFI 1909
Court

Court of First Instance
Case number

HCAP17/2018

The court exercised its discretion on interlocutory costs: although there was non-disclosure by the defendant, the Order 14A application did not achieve the objective of accelerating final disposal and thus the original costs order nisi was varied so that the defendant recovers costs of the Order 14A application, while costs of the present variation application are awarded to the defendant in the cause.
7 May 2020

TSANG GRACE YEE MAN (曾綺雯) also known as GRACE YEE MAN TSANG EBTEHADJ v. TSANG WILLY (曾偉剛)

Citation

[2020] HKCFI 662
Court

Court of First Instance
Case number

HCAP17/2018

The court refused to determine the issue under O14A because the question was not suitable for decision without a trial: material factual issues were interwoven with the legal question, the non-disclosure was not shown to be sufficiently material to have prevented the Grant, and even if the Grant ought not to have been granted the court would exercise its residual discretion against calling in the probate; accordingly the summons was dismissed.
3 Nov 2006

RE LAM CHOI HING BILLY

Citation

RE LAM CHOI HING BILLY
Court

Court of First Instance
Case number

HCAG10342/2000

Although bankruptcy alone does not require revocation of a grant, the executor's prolonged failure to administer the estate, disappearance and subsequent bankruptcy demonstrated unfitness and unsuitability; the court exercised its discretion to revoke the grant of probate and order letters of administration with the will annexed in favour of Lam Fong-yin (if entitled), and ordered costs against the executor personally.
30 Jan 2003

CHOW SIU PO v. WONG MING FUNG

Citation

CHOW SIU PO v. WONG MING FUNG
Court

Court of First Instance
Case number

HCAP3/1998

On the balance of probabilities the court found the deceased suffered progressive senile dementia by November 1994 such that she lacked testamentary capacity to understand the nature and extent of her assets and the effect of disposing all her property to the Defendant; the 1994 Will was therefore invalid and the Grant revoked. The 1990 Will could not be pronounced on because attesting witnesses to its execution were not called.
1 Sept 2000

CHENG SAU KAM v. ENG AUDREY

Citation

CHENG SAU KAM v. ENG AUDREY
Court

Court of First Instance
Case number

HCA9459/1994

The preliminary issue is decided for the plaintiff because the defendant lacked locus standi to seek revocation of the subsisting grant of probate: the defendant had no interest under the disputed will and a necessary interested party (Lam) was not joined; accordingly the court would not revoke the grant on that preliminary issue and ordered costs against the defendant.

Hong Kong Case Law

NG KWOK WING v. ng KWOK FAI in the capacity of the executor of the estate of TANG FU, Deceased

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. RAYMOND CHAN, KENNETH YUEN & CO., SOLICITORS (A FIRM)

TSANG GRACE YEE MAN also known as GRACE YEE MAN TSANG EBTEHADJ v. TSANG WILLY

TSANG GRACE YEE MAN (曾綺雯) also known as GRACE YEE MAN TSANG EBTEHADJ v. TSANG WILLY (曾偉剛)

RE LAM CHOI HING BILLY

CHOW SIU PO v. WONG MING FUNG

CHENG SAU KAM v. ENG AUDREY