Hong Kong Case Law: Decisions & Judgments

Topic

Passing over executor

Legal area

Court

24 Apr 2026

YAU SZE WA v. YAU MAN KON

Citation

[2026] HKCFI 2307
Court

Court of First Instance
Case number

HCMP1112/2025

Given (1) objective and longstanding hostility that would impede cooperative co-administration and increase cost and delay; (2) the Defendant's demonstrated lack of diligence in preserving and promptly administering estate assets (notably leaving the Deceased's one-third interest in Po Yip property non-income producing for 12 years and delays in probate); and (3) the Plaintiff's suitability as majority beneficiary and capable adult, it was necessary and convenient under s.36 to pass over the Defendant and appoint the Plaintiff as sole administrator with the Will annexed.
15 Sept 2025

HO SZE WING ALICE v. LAU YUK LING EMILY (in her personal capacity and as the executrix of the estate of HO HIN LEUNG, Deceased under the Grant of Probate No.HCAG004290/2022)

Citation

[2025] HKCFI 4348
Court

Court of First Instance
Case number

HCAP38/2024

The Will was revoked by the Deceased's subsequent marriage under s14 Wills Ordinance because no statutory exceptions applied; the Grant based on that Will therefore ought not to have been granted and is revoked under s33 PAO. The court exercised its s36 PAO discretion to pass over the defendant and appoint the plaintiff as administratrix because the plaintiff has the support of the other beneficiaries, the defendant did not oppose and there exists a conflict that renders the defendant unsuitable, and summary judgment was appropriate because the defendant offered no credible evidential dispute.
28 Jul 2023

LI CHI PING v. SIN KING

Citation

[2023] HKCFI 1929
Court

Court of First Instance
Case number

HCCA2061/2022

The Caveator has a legitimate interest to apply (as surviving spouse of deceased beneficiary and potential personal representative of his late wife); Sin King was resident out of Hong Kong at the Deceased's death and her destruction of the original will together with demonstrated hostility and lack of cooperation caused delay and additional expense; on that factual basis it was necessary and convenient in the interests of the estate to pass over her as executrix and appoint an independent professional administrator (Mr Wong Tak Shing) subject to statutory cost caps.
15 Mar 2021

HANNA CHUNG MING LEUNG v. LEUNG LEUNG AND ANOTHER

Citation

[2021] HKCFI 630
Court

Court of First Instance
Case number

HCAP19/2016

The Letters of Administration were revoked because a valid Will dated 2 March 2001 was proven by an attesting witness; the 2nd defendant was passed over under s36 due to demonstrated misconduct and risk to proper administration (failure to disclose a higher 2010 lease, diversion of rental income to related company, untruthful accounting, and inconsistent ownership claims regarding Canadian property), Lutea (Hong Kong) Limited was appointed administrator with the Will annexed, the 2nd defendant's counterclaim was dismissed, and costs were awarded largely against the 2nd defendant on an indemni…
3 Nov 2017

ANMOL KUMAR SAWLANI AND OTHERS v. YESHMA GOBINDRAM SAWLANI AND OTHERS

Citation

ANMOL KUMAR SAWLANI AND OTHERS v. YESHMA GOBINDRAM SAWLANI AND OTHERS
Court

Court of First Instance
Case number

HCAP13/2014

Court varied the costs order nisi on an issue‑by‑issue basis: no order as to costs for the will issue and rectification issue because defendants acted reasonably in putting the plaintiffs to strict proof and the rectification was unopposed; the passing‑over issue was a hostile, adverse claim and D1 must pay the plaintiffs' costs on that issue and 50% of D2 and D3's costs on that issue, to be taxed if not agreed.
16 Dec 2011

RE HAQUE SHAQUIL

Citation

RE HAQUE SHAQUIL
Court

Court of First Instance
Case number

HCCA129/2011

The court exercised its s36 discretion and passed over Mr Brian Lee as executor because his conduct demonstrated bad character (misleading court, nondisclosure, misuse of estate funds), he had a conflict of interest with an insolvent estate and would not administer the estate in its best interests; the Official Administrator was appointed instead; the caveator's application for administration in bankruptcy failed for procedural non-compliance; the application to discharge the caveat was dismissed and costs were ordered against Mr Lee.

Hong Kong Case Law

YAU SZE WA v. YAU MAN KON

HO SZE WING ALICE v. LAU YUK LING EMILY (in her personal capacity and as the executrix of the estate of HO HIN LEUNG, Deceased under the Grant of Probate No.HCAG004290/2022)

LI CHI PING v. SIN KING

HANNA CHUNG MING LEUNG v. LEUNG LEUNG AND ANOTHER

ANMOL KUMAR SAWLANI AND OTHERS v. YESHMA GOBINDRAM SAWLANI AND OTHERS

RE HAQUE SHAQUIL