Read the full judgment text of HCAP 2/2016 on BabelCite. This Court of First Instance judgment was delivered on 4 January 2018 before Chow J.
Probate – letters of administration – grant to plaintiff solely – alleged will dated 12 January 2012 – validity of alleged will – Deed of Settlement dated 7 November 2016 – whether declaration should be made that alleged will is void or invalid – whether court should exercise discretion to grant declaration serving no practical purpose – costs – legal aid – no order as to costs – plaintiff's own costs taxed in accordance with legal aid regulations – Chin Chi Lung, deceased, aged 95, widower, died on 22 December 2014 with wife predeceasing him on 12 August 2011 – three children: David Chin (predeceased 3 October 2014), the plaintiff Chin Ngar Yik, and Chin Ngai Lan – David Chin married to 1st defendant Lui Ling Nancy with three daughters including 2nd defendant Chin Ka Man Carmen – alleged will named David Chin as executor and trustee – parties agreed under Deed of Settlement that alleged will is void, invalid and of no legal effect – parties further agreed that letters of administration should be granted to plaintiff solely – court satisfied on evidence that grant should be made to plaintiff – court declined to grant declaration as serving no practical purpose and plaintiff no longer insisted – trial on affidavit under Order 76, rule 12 of the Rules of the High Court (Cap 4A) – HCAP 2/2016.
Legal issues: Grant of letters of administration to plaintiff solely · Whether to make declaration of invalidity of the alleged will · Costs of the probate action
Outcome: Letters of administration of the estate of the Deceased granted to the plaintiff solely. The declaration sought regarding the invalidity of the alleged will was not granted. No order as to costs save that the plaintiff's own costs shall be taxed in accordance with legal aid regulations.