Chin Ngar Yik v. Lui Ling Nancy and Another

HCAP 2/2016
[2018] HKCFI 13

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

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JUDGMENT

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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 1^st defendant).  They had three daughters, namely, (i) Chin Ka Man Carmen (the 2^nd defendant), (ii) Sarah Chin, and (iii) Vivian Chin.  The 1^st 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 1^st and 2^nd defendants appearing in person