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The Will was revoked by the Deceased's subsequent marriage under s14 Wills Ordinance because no statutory exceptions applied; the Grant based on that Will therefore ought not to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.