Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Maintenance under inheritance (provision for family and dependants) ordinance

Legal area

Court

26 Feb 2018

ZQA AND OTHERS v. SCC (sued as Executor and Beneficiary of the Estate of the Deceased) AND OTHERS

Citation

[2018] HKFC 22
Court

Family Court
Case number

FCMP63/2017

Interrogatories seeking past monetary contributions by the deceased to the 4th–6th respondents were irrelevant and amounted to a fishing expedition outside matters required under s5(1) Cap.481, and interrogatories asking the beneficiaries to state amounts left to them under the will were matters for the executors to answer; therefore both interrogatories were dismissed and costs awarded to those respondents.
2 Jan 2018

CHOW CHUN KIT, the personal representative of the estate of CHOW WING CHEUK v. CHOW PO YUEN, a minor by PANG ZHENG YUN, her guardian ad litem

Citation

[2018] HKCFI 2
Court

Court of First Instance
Case number

HCMP1455/2014

Refusal of the application for a split trial and for determination of liability as a preliminary issue because evidence as to the size and nature of the estate (relevant under s5(1)(e)) is intricately connected with the question whether the Pangs were maintained by the deceased; requiring a separate trial on liability without such evidence would be unjust to the Pangs and give the Administrator an unfair advantage; although some liability issues are distinct, overall there is no clear demarcation making separate trial just and convenient.