Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Passing over executors

Legal area

Court

6 Aug 2025

CHOW FUNG YING v. CHOW FUNG HA AND OTHERS

Citation

[2025] HKCFI 3358
Court

Court of First Instance
Case number

HCMP2295/2023

The court granted the application in part by passing over the executrices and appointing Mr Wong Tak Shing as the independent administrator because he had materially superior probate and independent administrator experience; the plaintiff's extensive and largely irrelevant affidavit material and failure to consult generated unnecessary costs which the court apportioned 80% to the plaintiff and 20% to be paid out of the estate, with a summary assessment resulting in an order that the plaintiff pay HK$310,000 to the 1st defendant forthwith.
24 Aug 2015

KWOK SHUK KUEN MARIA AND ANOTHER v. LI WUN AND ANOTHER

Citation

KWOK SHUK KUEN MARIA AND ANOTHER v. LI WUN AND ANOTHER
Court

Court of Appeal
Case number

CACV72/2015

The Court upheld the trial judge's findings that the subject will was duly executed, that the solicitor had explained the will clause by clause and the deceased understood and approved its contents supported by signed handwritten instructions, that there was no sufficient evidence of undue influence or impaired capacity to rebut the strong presumption from due execution, and therefore affirmed the judgment for the plaintiffs; however the Court allowed the costs appeal limited to the passing-over summons, setting aside the judge's costs order and ordering those costs to be paid out of the esta…