CHEN v WU [2020] NZHC 3302

CHEN v WU [2020] NZHC 3302

The Court found on the balance of probabilities that the deceased was taken into the applicant's family as an infant and raised by them (a factual adoption), that under Chinese law such factual adoption was recognised and thus fell within Adoption Act s17 so as to have the same effect as a New Zealand adoption, making the applicant the deceased's legal parent for succession purposes; the deceased's will lapsed because the named beneficiary (her father) predeceased her, triggering intestacy rules under the Administration Act and High Court Rules which accord priority to a surviving parent, and therefore the applicant was entitled to letters of administration in priority to the caveator.

Citation
[2020] NZHC 3302
Parties
Applicant: Yamu Chen; Caveator: Sheng Yong Wu
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 December 2020
Procedural Posture
Administration (grant of Letters of Administration With Will Annexed) / Final High Court Judgment After Hearing
Outcome
Grant letters of administration of the estate of the deceased, Qinping Ling, to applicant Yamu Chen; caveat by Sheng Yong Wu set aside
Legal Topics
Letters of Administration, Intestacy, Recognition of Overseas (factual) Adoption, Priority of Administrators Under High Court Rules R27.26 and R27.35, Adoption Act S17 Application, Will Lapse Doctrine
Succession Probate Adoption Civil Procedure Evidence Letters of Administration Intestacy Recognition of Overseas (factual) Adoption +3 more

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Parties

Yamu Chen

Applicant

Sheng Yong Wu

Caveator

Procedural Posture

Administration (grant of Letters of Administration With Will Annexed) / Final High Court Judgment After Hearing

Legal Issues

  1. 1 Whether applicant is entitled to letters of administration in priority to the caveator
  2. 2 Whether the deceased's will lapsed because the named beneficiary predeceased the testator
  3. 3 Whether the deceased was adopted by the applicant and spouse under Chinese law and whether that adoption is recognised under Adoption Act s17

Ratio Decidendi

The Court found on the balance of probabilities that the deceased was taken into the applicant's family as an infant and raised by them (a factual adoption), that under Chinese law such factual adoption was recognised and thus fell within Adoption Act s17 so as to have the same effect as a New Zealand adoption, making the applicant the deceased's legal parent for succession purposes; the deceased's will lapsed because the named beneficiary (her father) predeceased her, triggering intestacy rules under the Administration Act and High Court Rules which accord priority to a surviving parent, and therefore the applicant was entitled to letters of administration in priority to the caveator.

Court Disposition

Grant letters of administration of the estate of the deceased, Qinping Ling, to applicant Yamu Chen; caveat by Sheng Yong Wu set aside

Orders

  • Letters of administration of the estate of Qinping Ling granted to Yamu Chen
  • Caveat lodged by Sheng Yong (Jimmy) Wu is set aside