18 Oct 2023
TIAN HONGMEI v. ZHANG WEI AND OTHERS
- Citation
- [2023] HKCFI 2675
- Court
- Court of First Instance
- Case number
- HCAP29/2022
The summons for summary judgment was dismissed because the probate action as pleaded was defective and improperly piecemeal: probate is an in rem jurisdiction requiring the entirety of competing claims and a definitive determination on representation; the plaintiff failed to seek a grant of probate or letters of administration and therefore did not advance the full positive case, so summary determination on the will would be inappropriate. Additionally, the late affidavit application failed because the evidence did not meet the exceptional circumstances/Ladd v Marshall criteria.