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.