Hong Kong Case Law: Decisions & Judgments

Topic

Intestacy distribution

Legal area

Court

3 Feb 2025

TAM KOK PO PEARL 對 CHAN SIU MUI及另二人

Citation

[2025] HKCFI 552
Court

Court of First Instance
Case number

HCA260/2019

Court found on the evidence that Tam Lan Chi had accepted and held shares/estate amounts attributable to Tam Kok Po and must account and pay specified shortfalls; Chan Siu Mui was not liable to make good Tam Lan Chi's failure absent personal breach of her own duties; Chinese estate distribution was recalculated under Cap.73 s4(3) producing a shortfall for which respondents were ordered to pay specified sums; Nu Look share allotment, transfers and appointment of director were declared invalid; other claims dismissed.
8 Aug 2022

REN MICKY v. FUNG KUNG KUEN AND OTHERS

Citation

[2022] HKCFI 2385
Court

Court of First Instance
Case number

HCAP17/2017

The Court appointed Mr Alfred Ip as independent administrator because his CV demonstrated greater relevant experience in administration and litigation-related estates and his proposed fees were reasonable and capped by section 60(2)(b) of the Probate and Administration Ordinance; defendants were ordered to pay plaintiff's costs up to 28 October 2020 on a party and party basis jointly and severally, other costs allocated to the estate on a trustee basis, and the defendants' interim maintenance summonses were dismissed as misconceived.
10 Sept 2021

CHAN KWONG MING AND ANOTHER v. YAO YUERONG (姚月容) , as the sole administratrix of the Estate of CHAN SHU HOK (陳樹鶴)

Citation

[2021] HKCFI 2698
Court

Court of First Instance
Case number

HCMP1873/2018

The administratrix was removed under section 33(3) of the Probate and Administration Ordinance because she failed to render accounts, delayed distribution for many years, appears to have disappeared and may have misappropriated estate assets, such that removal was necessary for due and proper administration and to protect beneficiaries' interests; P1 was appointed administrator given beneficiaries' support and lack of alternative candidate.
5 Jun 2020

LUI WING SHEK ADRIAN v. LEE YUK PING JANET, e administratrix of the estate of the Deceased

Citation

[2020] HKCFI 1054
Court

Court of First Instance
Case number

HCMP999/2019

Where the administratrix is a trustee for the beneficiary of an intestate residuary estate under Hong Kong law, she is not entitled to set off a personal debt owed to her against the beneficiary's share; accordingly the defendant must distribute HK$1,824,120 to the plaintiff and the defendant's interlocutory summons was dismissed for lack of jurisdiction, delay and irrelevance to the outcome.
22 May 2013

TSAO CHI CHING v. TSAO LUNG MAY

Citation

TSAO CHI CHING v. TSAO LUNG MAY
Court

Court of First Instance
Case number

HCCA2054/2012

Leave to appeal was refused because the appeal lacked merit and the respondent failed to give a satisfactory explanation for the delay; fresh evidence post-master was largely inadmissible because it was available earlier; respondent was unsuitable to act as administratrix due to lack of support among siblings and a significant alleged creditor interest creating conflict; applicant Tsao Chi Ching was therefore preferred and Master Levy's order was upheld.
5 Mar 2010

CHIU TAK KWONG v. TAN YUFANG

Citation

CHIU TAK KWONG v. TAN YUFANG
Court

Court of First Instance
Case number

HCAP9/2006

The court found on the evidence that the defendant signed the Agreement and Renunciation as a result of duress and undue influence by Tak Sing and Yuk Chun (acting with other elder siblings), making the Agreement voidable and the Renunciation retractable; accordingly the Agreement was set aside, the Renunciation retracted and letters of administration were granted to the defendant and a nominated co-administrator, and the estate was ordered to be distributed under section 4(3) IEO; costs were awarded to the defendant on an indemnity basis and an order nisi issued to consider joinder of other…
29 May 2008

TO LAI HAN v. TO LAI CHONG

Citation

TO LAI HAN v. TO LAI CHONG
Court

Court of First Instance
Case number

HCCA2640/2006

The court exercised its s36 discretion to appoint an independent solicitor (Mr Ng Kin Yuen) because, although the allegations did not establish that To Lai Chong was of bad character, the ongoing grant application by Lai Chong's solicitor, family conflicts, the Mother being mentally incapacitated and the complexity of administration meant a neutral professional was necessary to protect beneficiaries and avoid repeated litigation.
1 Aug 1997

CHAN HOW CHUEN, STEPHEN v. CHAN HAU CHEONG AND OTHERS

Citation

CHAN HOW CHUEN, STEPHEN v. CHAN HAU CHEONG AND OTHERS
Court

Court of First Instance
Case number

HCMP2437/1996

The court found on construction that the testator intended to bequeath to his three sons not only the business of Chan Kee but also the parts of the building used and occupied by that business; however the sons could only take what the testator actually owned at death. Because Madam Lee predeceased the testator, the testator became sole owner of the Oaklands Path property and the First Will gave that property to the Plaintiff absolutely; the testator owned a greater than half share of the redeveloped building but Madam Lee's former half of old No.40 passed intestate to her issue and must be a…
30 Dec 1994

KWAN CHUI KWOK YING and Another v. TAO WAI CHUN and others

Citation

KWAN CHUI KWOK YING and Another v. TAO WAI CHUN and others
Court

Court of First Instance
Case number

HCMP2996/1990

Registry marriage under Marriage Ordinance held void because deceased had a living concubine and intended to keep her; nonetheless court found parties had validly contracted a Chinese customary marriage by observance of essential rites and intentions; the 1st plaintiff is lawful surviving widow; the 1st defendant was validly accepted as concubine by wife and family and her children are lawful children; the 15th defendant is lawful and natural son of deceased — Macau documentary evidence insufficient to rebut presumption of legitimacy; prior consent order and settlements did not estop raising…