Hong Kong Case Law: Decisions & Judgments

Topic

Donatio mortis causa

Legal area

Court

17 Jul 2025

CHAN SAI KWONG TONY v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF NGO PARK FONG, DECEASED

Citation

[2025] HKDC 1235
Court

District Court
Case number

DCCJ3652/2020

On the pleaded facts the three requirements for donatio mortis causa were satisfied (contemplation of death, delivery of indicia of title by handing keys, and gift becoming absolute on death); service was properly effected and Defendant failed to defend; in the circumstances declaratory relief and a vesting order were necessary to secure Plaintiff's rights and effectuate title transfer; alternative authorization under s38A DCO granted to protect Plaintiff if Defendant fails to execute documents.
31 Oct 2018

VERRALLS, AMY v. MARIA GINA LA GIGLIA also known as LA GIGLIA MARIA GINA

Citation

[2018] HKCFI 2386
Court

Court of First Instance
Case number

HCA2229/2014

The court found the plaintiff had mis‑stated her address in the writs and, after weighing the injustice to both parties and assessing the relative strength of the respective cases, exercised its discretion to order security for costs; the court declined to determine the substantive probate and equitable claims at this interlocutory stage.
31 Oct 2018

VERRALLS, AMY v. MARIA GINA LA GIGLIA also known as LA GIGLIA MARIA GINA (in the pretended Will called “MARIA LAGIGLIA”) the executrix of the estate of LA GIGLIA, JAMES GRAZIANO, deceased

Citation

[2018] HKCFI 2386
Court

Court of First Instance
Case number

HCAP15/2014

The court found that the plaintiff had mis‑stated her address on the writs and that the mis‑statement supported an order for security for costs following the balancing exercise required by Order 23 r.1; the plaintiff's procedural conduct and the strength of the defendant's case weighed in favour of ordering security.
19 Sept 2018

HUI YIN YEE v. SECRETARY FOR JUSTICE

Citation

[2018] HKCFI 1979
Court

Court of First Instance
Case number

HCMP3495/2016

The court found on the balance of probabilities that the applicant failed to prove the three required elements of a donatio mortis causa: there was insufficient evidence that the deceased was contemplating imminent death in March 1991, insufficient delivery of the indicia of title (no keys or clear transfer of dominion), and insufficient evidence that the gift was intended to be conditional/revocable until death. Accordingly the declaration was refused and the application dismissed.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE.COM LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP1416/2012

The court stayed the Actions pending determination of the Probate Action because the probate proceedings that dispute ownership of the deceased's shares are dispositive of the claims for registration and accounting for dividends; resolving ownership in the probate action is a necessary precursor to adjudicating the Actions.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (KOWLOON COMMERCIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2017/2009

The court treated the central issue as the ownership of the deceased's shares — specifically whether a donatio mortis causa to Ms Lo occurred — and concluded that resolution of that issue in the Probate Action is necessary before the plaintiff can be registered as shareholder or obtain an account of dividends; accordingly the civil actions should be and were stayed pending determination of the probate proceedings.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. UNIPAC CO LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2016/2009

The court recognized that the core question of legal and beneficial ownership of the deceased's shares was central to the claims for registration and dividends and that those questions were squarely raised and being litigated in the Probate Action; accordingly the proper course was to stay the related civil actions pending determination of the Probate Action so that the ownership issue would be resolved in the probate proceedings before further relief in the actions was pursued.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE I REALTY LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2011/2009

The court stayed the further proceedings in the actions because the central issue of legal title to the deceased's shares was the subject of the separate probate action; the proper course is to determine the probate claim to establish ownership before ordering registration or an account in the related actions.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (RESIDENTIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2013/2009

Where a probate action raises the primary disputed issue of ownership of shares central to separate civil claims for registration and dividends, the proper course is to stay the civil proceedings pending determination of the probate action so that the question of title is conclusively determined before subsidiary remedies are pursued.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (RESIDEITIAL-LEASING) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2014/2009

The court stayed the plaintiffs' actions because the proprietary dispute over the deceased's shares — specifically the claim that Ms Lo received them by donatio mortis causa — must be determined in the pending probate action before orders for registration as shareholder or for an account of dividends can be appropriately made.