Hong Kong Case Law: Decisions & Judgments

Topic

Revocation of letters of administration

Legal area

Court

18 Oct 2024

YUEN SI HAY, ALAN AND ANOTHER v. TRAN MUOI (in her personal capacity And her capacity as the Administratrix of the estate of the Deceased)

Citation

[2024] HKCFI 2209
Court

Court of First Instance
Case number

HCMP669/2024

Applicants lacked a proprietary interest in estate assets prior to administration and failed to establish a good arguable case of misappropriation or undervalue sale or a real risk of dissipation; the survivorship presumption over joint accounts favoured the administratrix; consequently there was no basis for Mareva relief or ancillary disclosure and the summons was dismissed with costs to the defendant.
15 Jul 2024

CHAN SAU WAI SHIRLEY v. JEN KIT JOSEPHINE, the administratrix of the estate of the Deceased AND ANOTHER

Citation

[2024] HKCFI 1811
Court

Court of First Instance
Case number

HCAP25/2019

Court held there was insufficient evidence that the deceased lacked the mental capacity to consent to marry on 2 September 1999; the marriage satisfied formal requirements and is recognised under IEO; no adequate evidence of duress/undue influence; substituted service application by D1 involved non-disclosure of other means of contacting P and therefore the substituted service order should be set aside; consequently the letters of administration granted to D1 are called in and revoked under s33 PAO; D1 is removed as administratrix for conflict/failure to account and an independent professiona…
7 Feb 2023

TAM SING YU ANITA v. CHU CHUNG YAN DAVID AND ANOTHER

Citation

[2023] HKCFI 385
Court

Court of First Instance
Case number

HCAP25/2022

The applicant discharged the burden to establish that the will was duly signed; the court granted the plaintiff's draft order with modifications to deadlines for accounts and delivery, and ordered that both parties' costs be paid out of the estate on a common fund basis rather than being borne personally by the 1st defendant.
9 Dec 2021

LAM SEE MING EMILY v. LAM SEE NGAR MIRANDA

Citation

[2021] HKCFI 3314
Court

Court of First Instance
Case number

HCMP252/2021

On the material before the court the original will executed 12 October 2011 is available and was duly executed and attested; the defendant failed to discharge the duty of diligent search before obtaining the Grant and previously represented intestacy, and her opposition is without merit; numerous defendant filings were made without leave and were struck out as abuse; accordingly the Grant was revoked, the defendant ordered to hold estate assets on trust and to account, and the plaintiff given liberty to apply for probate.
11 Oct 2021

LAW WAI HAY v. LAW PO CHONG PRISCILLA, the administratrix of the estate of CHEUNG WAI FUN, Deceased

Citation

[2021] HKCFI 3017
Court

Court of First Instance
Case number

HCMP1494/2019

The defendant was removed as administratrix and her letters of administration revoked because she repeatedly failed to comply with the 2014 court order to render a proper estate account, unreasonably delayed administration (including retaining significant sale proceeds), acted in circumstances of conflict of interest and with want of honesty and propriety, thereby preventing due and proper administration; the plaintiff was appointed administrator and the defendant ordered to deliver inventories, supporting documents and assets within specified time and to pay costs personally on an indemnity…
21 Apr 2021

李光遠 (LI KWONG YUEN)(as one of the beneficiaries of the Estate of LI YIU LAI, the Deceased) v. 李光達 (LI KWONG TAT) (as the Administrator of the Estate of LI YIU LAI, the Deceased)

Citation

[2021] HKCFI 1088
Court

Court of First Instance
Case number

HCMP2183/2018

The summons for payment into court under Order 22 r2 was misconceived and without merit; the Calderbank letter did not limit plaintiff's liability for subsequent costs; the defendant properly defended the administration and is entitled to costs on trustee basis to be paid from the estate, while the plaintiff must pay party-and-party costs; quantum is assessed as HK$400,000 on trustee basis (to be borne by the estate) with HK$200,000 of those costs payable by the plaintiff on party-and-party basis.
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…
5 Mar 2020

KWOK MAY SIN KYLIE (IN HER PERSONAL CAPACITY AND IN HER CAPACITY AS THE INTENDED PERSONAL REPRESENTATIVE OF THE ESTATE OF KWOK MEI LUNG, DECEASED) v. FU KE AN

Citation

[2020] HKCFI 343
Court

Court of First Instance
Case number

HCMP302/2018

The LA Grant was revoked and probate granted to the plaintiff because a valid solicitor‑drafted will existed and had been properly attested and proved, and because the defendant obtained the ex parte letters of administration without disclosing material facts and without exercising the required due diligence; accordingly the defendant must bear the costs of the proceedings on an indemnity basis.
6 Nov 2019

CHEUNG PING SUM v. WONG CHI HANG, as administrator of the estate of WONG SUN, deceased

Citation

[2019] HKCFI 2738
Court

Court of First Instance
Case number

HCMP1490/2016

The court construed s.17(3) of the Legal Aid Ordinance broadly to allow personal costs orders against an aided person where there is impropriety in bringing, defending or conducting proceedings — including deliberate abuse of legal aid through conduct that wastes an opponent's costs or giving false evidence knowingly — and on the facts found the Son had acted improperly so that a costs order nisi making him personally liable was justified.
22 Aug 2019

CHEUNG KI WING v. CHEUNG LAI YEE

Citation

[2019] HKCFI 2086
Court

Court of First Instance
Case number

HCAP26/2015

On the evidence the court was satisfied the Will was duly executed in compliance with the Wills Ordinance, the deceased possessed testamentary capacity at execution, and she knew and approved the contents; the suspicious circumstances asserted were insufficient to rebut the presumption of due execution or to show lack of knowledge or capacity. Accordingly the Will was proved in solemn form and the letters of administration previously granted to the defendant were revoked and letters granted to the plaintiff with the Will annexed.