Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 36 pao

  • 27 Oct 2023

    CHAN HIN CHEUNG v. KWAN YAT HUNG

    Citation
    [2023] HKCFI 2788
    Court
    Court of First Instance
    Case number
    HCMP1861/2022

    The defendant was removed as executor because he excluded the co-executor, refused repeated demands to account and to hand over estate chattels, operated estate business unilaterally thereby impeding administration and risking estate assets; removal was necessary for due and proper administration and the protection of beneficiaries' interests, and orders were made for vacant possession, an account and payment of monies into court with specified distributions.

  • 16 Jun 2022

    RE LAU HOI TO

    Citation
    [2022] HKCFI 1703
    Court
    Court of First Instance
    Case number
    HCCA3230/2020

    The caveator, a creditor claiming an unproven monetary debt, did not demonstrate a contrary interest in the estate or a legitimate interest in the relief under section 36 PAO; she had not pursued a section 36 application or a probate action despite time and information to do so; the outstanding loan was a disputed unsecured claim and not shown to be a material non-disclosure that justified retention of the caveat; accordingly the caveat and appearance were an abuse of process and properly struck out and the Master's order was affirmed.

  • 20 Jan 2006

    RE LI YIP WANG

    Citation
    RE LI YIP WANG
    Court
    Court of First Instance
    Case number
    HCEA38/2005

    The ex-parte application under section 36 PAO was declined because the applicant could not properly bypass the residuary legatee (the surviving wife) who has priority under rule 19 NCPR and because the Court will not permit the Estate Duty Office's investigations or Hong Kong probate procedures to be circumvented; the correct procedure is to obtain or reseal the wife's grant in Hong Kong and allow estate duty enquiries to run their course.