HO KAI NGONG JOHN v. HO OLIVER LEUNG TODD AND OTHERS

HCMP 1700/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1700 OF 2015

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J U D G M E N T

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1.  This is an application by the plaintiff for appointment of Cheng Hong-kei, Andrew, as the administrator of the estate of Ho Chun‑yat, deceased.

2.  Ho Chun-yat made a will dated 17 July 1998.  He passed away on 21 December 2013.  He appointed in his will, Wong Ching-mao, Edward, as his sole trustee and executor, but Wong has executed a renunciation of probate.

3.  Section 35(1) of the Probate and Administration Ordinance, Cap 10 provides that:

“Where-

...

(f) the executors do not apply for probate,

letters of administration with the will annexed may be granted to such person or persons as the court thinks fit.”

4.  The plaintiff thus applies to have Mr Cheng Hong-kei, Andrew, appointed as the administrator of the estate of Ho Chun-yat, deceased, with his will annexed. 

5.  Mr Cheng is a certified public accountant with over 30 years of practice in such capacity both in the Inland Revenue Department and in private practice.  He was also a member of the committee of the estate of Ho Chun-yat, appointed by Fung J on 26 November 2010 under Part II of the Mental Health Ordinance.  He is, therefore, familiar with Ho Chun‑yat’s estate.  He has also signed a consent to be appointed as the administrator of Ho Chun-yat’s estate.

6.  The beneficiaries of the will are the three sons of Ho Chun-yat.  They are Ho Sin-ngong, the plaintiff and Ho Ching-ngong, Charles.  Unfortunately, Ho Sin-ngong predeceased Ho Chun-yat on 12 October 2012, and Ho Ching-ngong, Charles predeceased him on 8 December 2010.

7.  Section 23(1) of the Wills Ordinance, Cap 30 provides:

“Where-

(a) a will contains a devise or bequest to a child or remoter descendant of the testator; and

(b) the intended beneficiary dies before the testator, leaving issue; and

(c) issue of the intended beneficiary are living at the testator's death,

then, unless a contrary intention appears from the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator's death.”

8.  There is no contrary intention expressed in the will, hence the issues of Ho Sin-ngong and Ho Ching-ngong, Charles, who were living at the death of Ho Chun-yat are now the beneficiaries of the will of Ho Chun-yat in place of Ho Sin-ngong and Ho Ching-ngong, Charles, respectively. 

9.  The issue of Ho Sin-ngong is the 1st defendant, he has no objection to this application. 

10.  The issues of Ho Ching-ngong, Charles, are the 2nd to 4th defendants.  They take the view that their mother Wong Miu-heung, Michelle, should be the beneficiary under Ho Chun-yat’s will in place of Ho Ching-ngong, Charles. 

11.  Madam Wong takes the same the same view.  She has filed an affirmation on 3 August 2015 expressing this view.  She also agreed to this application. 

12.  I therefore declare that Cheng Hong-kei, Andrew, is an appropriate person.  I appoint him as the administrator for the estate of Ho Chun-yat, deceased, and the letters of administration with the will dated 17 July 1998 annexed be issued and granted to him.

13.  The professional charges of the administrator be provided for from the estate of the deceased, and the administrator be at liberty to apply for appropriate directions and orders.

14.  The parties, including the administrator, be at liberty to apply for any further or other directions or orders.  

15.  Costs of and incidental to this application be borne and paid out from the estate of Ho Chun-yat, deceased to all parties on an indemnity basis.