Chin Ngar Yik v. Lui Ling Nancy and Another
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.
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HCAP 2/2016 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE PROBATE ACTION NO 2 OF 2016 ____________
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____________ Before: Hon Chow J in Court Date of Hearing: 4 January 2018 Date of Judgment: 4 January 2018 ____________________ JUDGMENT ____________________ 1.This is the trial of a probate action on affidavit under Order 76, rule 12 of the Rules of the High Court (Cap 4A) pursuant to the order of Master Chow dated 4 May 2017. 2.Chin Chi Lung, deceased (“the Deceased”), a widower, passed away on 22 December 2014 at the age of 95. His wife predeceased him on 12 August 2011. They had 3 children, namely, (i) David Chin, who passed away on 3 October 2014, (ii) Chin Ngar Yik (the plaintiff), and (iii) Chin Ngai Lan. 3.David Chin was married to Lui Ling Nancy (the 1st defendant). They had three daughters, namely, (i) Chin Ka Man Carmen (the 2nd defendant), (ii) Sarah Chin, and (iii) Vivian Chin. The 1st defendant is the personal representative of the estate of David Chin. 4.By this probate action, the plaintiff seeks a grant of letters of administration of the estate of the Deceased, as well as a declaration that an alleged will of the Deceased dated 12 January 2012 (“the Alleged Will”) is void or invalid on the ground that the Deceased did not have the requisite mental capacity to make the alleged Will and/or he did not know and approve of the contents of the same, and/or it was not executed by him. 5.The Alleged Will, which names David Chin as the executor and trustee of the estate of the Deceased, was previously put forward by the defendants as being the last will of the Deceased. It is not, however, necessary for me to consider the question of the validity of the Alleged Will because the defendants now accept that it is void, invalid and of no legal effect under a Deed of Settlement dated 7 November 2016 executed by the plaintiff, the defendants, Sarah Chin, Vivian Chin, and Chin Ngai Lan. 6.The parties to the Deed of Settlement also agree that letters of administration of the estate of the Deceased should be granted to the plaintiff solely. 7.On the evidence before me, I am satisfied that letters of administration of the estate of the Deceased ought to be granted to the plaintiff, and I so order. I do not propose to grant the declaration sought by the plaintiff because I do not consider that it serves any practical purpose. I should also record that, as confirmed by Mr Alan Kwong at the hearing today, the plaintiff no longer insists on the declaration sought. Lastly, I make no order as to the costs of this action, save that the plaintiff’s own costs shall be taxed in accordance with legal aid regulations.
Mr Alan Kwong, instructed by Hon & Co, for the plaintiff The 1st and 2nd defendants appearing in person | |||||||||||||||||||||