Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

In rem nature of probate actions

Legal area

Court

14 May 2025

CHIANG LAI YUEN v. CHIANG CHI KIN AND ANOTHER

Citation

[2025] HKCFI 1979
Court

Court of First Instance
Case number

HCAP17/2023

The Court held the Statement of Claim was not plainly defective and refused to strike it out because the plaintiff advanced a positive case that the 1991 Will is the last valid will; the appropriate remedy was to allow service on all identified interested parties so rival claims can be advanced together; however the proposed joinder and amendments seeking immediate relief under PAO s.35/s.36 were premature and dismissed.
22 May 2024

TIAN HONGMEI v. ZHANG WEI AND OTHERS

Citation

[2024] HKCA 453
Court

Court of Appeal
Case number

CAMP30/2024

Leave to appeal refused because the Judge correctly found the Statement of Claim defective for failing to plead the July Document and advancing rival testamentary claims piecemeal, contrary to established principles that probate actions are in rem requiring simultaneous advancement of rival claims; summary judgment was therefore inappropriate and there was no reasonable prospect of success on the proposed grounds of appeal.