Hong Kong Case Law: Decisions & Judgments

Topic

Stay of proceedings pending probate

Legal area

Court

22 Jun 2021

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. RAYMOND CHAN, KENNETH YUEN & CO., SOLICITORS (A FIRM)

Citation

[2021] HKCFI 1787
Court

Court of First Instance
Case number

HCA1115/2019

The court exercised its discretion and dismissed the stay applications: lodgement of a grant does not automatically suspend an executrix’ standing to continue proceedings and, on the facts, the Probate Action was not shown to be dispositive of the Share and Property Actions; defendants had failed to progress the Probate Action and delay would unfairly prejudice the executrix and the estate (elderly key witness, early stage of actions). Consequently, the stay of the Share Action and Property Action was refused and the APL (administratrix pendente lite) applications were adjourned sine die with…
22 Jun 2021

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. CHARM INVESTMENTS LTD AND ANOTHER

Citation

[2021] HKCFI 1787
Court

Court of First Instance
Case number

HCA635/2019

Lodgement of the grant did not automatically deprive the executrix of standing and did not mandate a stay; the court must exercise discretion considering whether the probate action would be dispositive and the balance of convenience; on the facts the defendants failed to show the probate action would render the Share and Property Actions academic, the defendants had delayed progressing the probate appeal, the matters and parties differ and the plaintiff’s advanced age weighed strongly against delay — accordingly the stay applications were dismissed and the APL applications adjourned sine die.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (KOWLOON COMMERCIAL) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2017/2009

The court treated the central issue as the ownership of the deceased's shares — specifically whether a donatio mortis causa to Ms Lo occurred — and concluded that resolution of that issue in the Probate Action is necessary before the plaintiff can be registered as shareholder or obtain an account of dividends; accordingly the civil actions should be and were stayed pending determination of the probate proceedings.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE I REALTY LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2011/2009

The court stayed the further proceedings in the actions because the central issue of legal title to the deceased's shares was the subject of the separate probate action; the proper course is to determine the probate claim to establish ownership before ordering registration or an account in the related actions.
29 Jun 2018

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (RESIDEITIAL-LEASING) LTD

Citation

[2018] HKCFI 1481
Court

Court of First Instance
Case number

HCMP2014/2009

The court stayed the plaintiffs' actions because the proprietary dispute over the deceased's shares — specifically the claim that Ms Lo received them by donatio mortis causa — must be determined in the pending probate action before orders for registration as shareholder or for an account of dividends can be appropriately made.
6 Sept 2013

VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT

Citation

VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT
Court

Court of Appeal
Case number

CACV23/2013

A foreign executor may commence proceedings in Hong Kong in his capacity as executor before obtaining a Hong Kong grant because an executor's title derives from the will rather than the grant; however a Hong Kong grant must be obtained before proving title or collecting assets in Hong Kong, and the correct exercise of the court's discretion in the present facts is to refuse striking out and to stay proceedings pending issuance of a Hong Kong grant.

Hong Kong Case Law

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. RAYMOND CHAN, KENNETH YUEN & CO., SOLICITORS (A FIRM)

NG IM FONG LORETTA THE EXECUTRIX OF THE ESTATE OF LUI KWAN CHEUNG, DECEASED v. CHARM INVESTMENTS LTD AND ANOTHER

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (KOWLOON COMMERCIAL) LTD

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE I REALTY LTD

LUI FUNG HE sues in her capacity as the administratrix of the estate of the Deceased under the Letters of Administration Ad Colligenda Bona dated 15th October 2008 v. CHARTERSINCE SURVEYORS (RESIDEITIAL-LEASING) LTD

VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT