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2019 Review Succession & Probate AYCHT 27/7/2019 2019 review Succession & Probate Au‐Yeung Cheng Ho Tin solicitors –CPD 28 July 2019 Tak Wong 1 遺囑效力 Date Neutral Citation No Pltf Remarks 2019-04-11 [2019] CFI 925 CHU PONG Limited will 08, LA. Consent Rv LA YUEN probate Proof due execution: sol fail Irrational will (to stranger) 2019-02-01 [2019] CFI 238 TAI PUI SHAN Proof due execution: subpoena. DONNA Normal pattern. sol pass §21 presumption of revocation §26 late amend pleading revocation §34 2019-01-28 [2019] CFI 103 CHEUNG TAI 2 informal wills of same date. s.5(2) SHING Cumulative, not inconsistent. All interested : parties & not oppose. Both admitted to probate. 2 1 AYCHT 27/7/2019 遺囑效力 Date Neutral Citation No Pltf Remarks 2018-12-19 [2018] CFA 61 CHOY PO B v G evidence 3 limbs T/C.gap§11 CHUN fact-specific. No proper basis will instruction §18. will invalid 2019-04-18 [2019] CA 452 MOK HING Same B v G 3 limbs T/C. CHUNG fact-specific Yes proper basis. Choy Po Chun distinguished. Will instruction direct / rational Sol > sol firm. Will valid. 3 親屬關係 Date Neutral Citation No Pltf Remarks 2018-08-08 [2018] CA 491 LI CHEONG Natural dau, 1. DNA 2. copy B/C, rolled-up hearing directions 2018-10-18 [2018] CA 719 LI CHEONG Probate action in rem nature, O.15 r.13A, intended intervener, dismiss 2014-07-03 MOK HING CCL:spinster 1.no adopt §89 2.yes CHUNG i-tze 3.yes IEO s2(2)(c) 4.DWAE案 2018-10-19 [2018] CA 713 MOK HING CCL adoption v i-tze, apply to file CHUNG obituary notice, Ladd, dismiss 2019-04-18 [2019] CA 452 MOK HING CCL no formalities (adoption/i-tze) CHUNG §52, all 7 appeal grounds no merit. 4 2 AYCHT 27/7/2019 親屬關係 Date Neutral Citation No Pltf Remarks 2019-03-25 [2019] CFI 756 KING WONG CCL: NT land. 1975(H),1976(Dau1) DEV LTD 1998(W2), 2004(H-LA>Dau3) 2014: Dau1 & 2 assign to P 2015: P vDau3 adm order > discon 2016: Dau1 & 2 assign to P again 2016: P v Dau3 adm order 2019-04-03 [2019] CFI 856 TING FU 2016: H died intestate. H LA > W. KEUNG minor by X. s.25(2) PAO, co-adm. 2019-04-30 [2019] CFI 1112 CHOW P Y 2011: H died intestate. H LA > C1. 2019-04-30 [2019] CFI 1112 CHOW C K minor by X. 2 separate actions on status of minor. 5 481 Date Neutral Citation No Pltf Remarks 2018-12-07 [2018] FC 224 YKY s.16(1), W pre div decree abs, §31/ 41-47 undertaking death benefit 2019-02-22 [2019] FC 46 HCC s.3(ix), mistress, MS application out of time, dismiss 2019-01-08 [2019] FC 7 LYYC s.3(ix), lover, 2-stage approach, EX apply to strike out, dismiss 2019-02-15 [2019] FC 39 LYYC s.3(ix), paper disposal, EX leave to appeal against strike out, dismiss 2019-05-14 [2019] CA 521 LYYC s.3(ix), EX appeal, state. support / opposition,no oral hearing, dismiss 6 3 AYCHT 27/7/2019 Trust admin Date Neutral Citation No Pltf Remarks 2019-01-14 [2019] CFI 131 TAO SOH Documents disclosure NGUN 2019-05-22 [2019] CFI 1268 TAO SOH Trustee duty NGUN 7 Estate admin Date Neutral Citation No Pltf Remarks 2018-12-10 [2019] CFI 77 WONG CHAK 1. Estate a/c 2. remove EX. MING Aff contents / consent sms / jointly signed ltr to judge to ignore words (bene) in affs / mud throwing / abuse of process. 2018-12-14 [2018] CFI 2810 CHAN FUK 1. Estate a/c 2. distribution. TAI (bene) Aff filed. 3. objections on verified a/cs. 8 4 AYCHT 27/7/2019 Estate admin Date Neutral Citation No Pltf Remarks 2018-12-28 [2018] CFI 2757 LI PING CHUN Mareva injunction ag reg owner RO (adm) RO assignments nil consideration. CPO s.60. defraud creditors Assignment voidable. asset preservation /disclosure order. 2019-01-08 [2019] CFI 89 MAN YUET Joint a/c holder transfer out funds FONG Return of fund – joint a/c holders. funds beneficial ownership. (adms) Laches ( long delay / witness died ) 9 Estate admin Date Neutral Citation No Pltf Remarks 2019-05-22 [2019] CFI 1304 YU WING Possession. O.14. PAOs.54 need to CHEONG restrictions alienation (pay premium) (exe) Estoppel. No particulars of parental promises. No evidence of expenses. 2019-01-07 [2019] CFI 56 LOK MAN SIN 171220 15will probate to EX (bene) hearing scheduled 181231 180515 BvEX pty transfer 15will gift 181022 unless order aff opposition. 181102 EX epos revoke probate 181102 EX sms adj hearing (cancel) 181220 YvEX for probate 12will 181221 EX sms adj hearing 10 5 AYCHT 27/7/2019 PAO s.33(3) Remove PR Date Neutral Citation No Pltf Remarks 2019-02-13 [2019] CA 163 TSANG WING CFI1. EX rmv CFI 2.new adm nom KWAI CA 3. apply set aside cfi1 & cfi2 CA 4. also adm rmv in future §7 2019-06-28 [2019] CA 699 TSANG WING Notice of Motion on papers, ex KWAI appeal (against rmv) dismissed 2019-04-26 [2019] CFI 1086 LEE 1955 T died (will 1954 ex=CFB) LYNETTE 1956 probate (ex=CF) 1957 double probate (ex=CFB) 2016 chain of representation B>D Court : conflict of interest: pty sale Court : EX rmv. New adm appoint. 11 PAO s.33(1) Revoke Grant Date Neutral Citation No Pltf Remarks 2019-04-04 [2019] CFI 879 JEN 2 marriages. CAN/HK/PRC actions. JOSEPHINE Assets in 1. H 2. W2 3. Com. M1C1: Citation, LA to C1, M1C1: H mental capacity at M2 W2: apply revoke C1 LA etc §18 W2: C1 to lodge LA, restrain 2019-05-14 [2019] CFI 1302 SAIRA BIBI 2015 Decd died intestate, survived by 2 minor children (from cohabitation) and father 2017 LA to father 2019 1.revoke FLA 2.LA to 2 adms 12 6 AYCHT 27/7/2019 PAO s.33(1) Revoke Grant Date Neutral Citation No Pltf Remarks 2019-04-11 [2019] CFI 925 CHU PONG limited will 08,丁屋 sold 08, YUEN 丁died 15, LA to nok. PvN >rev LA, 2019-04-11 [2019] CFI 925 LEE KWAI limited will 13, KEUNG 丁died 15, LA to wife. PvW >rev LA, 1 N4.1 no丁屋. P&W consent rev LA. 2 no aff: due execution 3 Will irrational 4 Will probate: not by consent §23 5 Will probate: may by trial on aff evi 6 Will SOL no instruction on will 7 Consent summonses dismissed 13 asset ownership Date Neutral Citation No Pltf Remarks Constructive trust based on equitable interest 2019-01-23 [2019] CFI 177 CHAN CHI RO not BO. RO: GM > uncle > C12. WAI BO: C12345. burden of proof. A. Trust 1. express 2. constructive B. Licence 1. bare 2. contractual Equitable interest in land in writing CPO s.5(1). §50 2019-05-31 [2019] CA 584 CHAN CHI Application to amend after jdgt WAI (contractual licence §17(1)) not allowed 14 7 AYCHT 27/7/2019 asset ownership Date Neutral Citation No Pltf Remarks Constructive trust based on agreement 2019-04-29 [2019] DC 572 LI NA CT 1.agt 2.common intention (w2) CICT / RT / AP / PE Proprietary estoppel shield, not sword 2019-06-14 [2019] CFI 1467 CHEUNG CICT / RT / Limitation. EVERINE CI (PCI) common intention 2019-06-17 [2019] CFI 1567 WOO RICKY J/T CI (SCI) common intention 15 Company assets Date Neutral Citation No Pltf Remarks 2019-04-04 [2019] CFI 879 JEN Grant revocation dispute. W2 coms JOSEPHINE control. W2 undertake 1. no assets dissipation 2. not destroy records 3. Yes tax appeal.§25 2019-05-10 [2019] CFI 1220 LIANG Declaration: [P] is beneficial HUITAO shareholder of the shares registered in name of [D]. 2019-05-15 [2019] CFI 1216 TSE TSZ Death of sole shareholder & sole FUNG director. Legal P/R has locus to seek order to hold general meeting s.570 CO Cap 622. §9 16 8 AYCHT 27/7/2019 Company assets Date Neutral Citation No Pltf Remarks 2019-06-27 [2019] CFI 1620 MARYO DEV Decd died intestate 2001, holding LTD shares in P. Dubious transaction. 1. conspiracy to defraud (D123) CFA 2009 2. knowing receipt of pty (D3) Natural mother 3. Breach of fiduciary duties (D12) IEO s.4(7) Court : §151 (1) Transaction declared null &void (2) Agt (sale of jade) set aside (3) Declaration D123 j&s liable returning of funds & interest (4) Return directors remunerations 17 Stamp Duty Date Neutral Citation No Pltf Remarks 2018-05-10 [2018] DC 503 SO KAM Excess entitlement same kind of SHING proprietary interest 2019-02-27 [2019] DC 268 WONG Higher (Scale 1) or SHIRLY Lower (Scale 2) Rate 2019-06-05 [2019] DC 759 WONG Higher (Scale 1) or SHIRLY Lower (Scale 2) Rate 18 9 AYCHT 27/7/2019 丁屋遺囑 19 丁屋遺囑 - 李文雄/馬維康, [2019] HKCFI 925, 11.4.2019 Chronology 李文雄 馬維康 2008-03-04 H to P 1PTY sold 2PTY no sale? 2008-03-04 H made will favor P 1WILL/1PTY 2WILL/2PTY 2015-05-18 H died intestate leaving W W & a minor 2015-08-13 H LA to W SF N4.1 no PTY 1LA 2LA 2017-10-06 P v W: revoke grant A/S uncontest 1LA 2LA 2018-02-14 P & W smc PB to P PB(1WILL) PB(2WILL) 2018-02-15 Court 3RQ 1. lodge LA 2.
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