RE MAK CHONE SIU

HCMP 2439/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2439 OF 2007

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D E C I S I O N

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1.  The Applicant is the Administrator of the Estate of his mother pursuant to a grant of Letters of Administration under Grant No. HCAG 013901/2006 dated 9 January 2007.  The deceased died intestate.

2.  In the course of administration, the Applicant discovered that he made an inadvertent mistake in the supporting affirmation filed in support of his application for grant.  He omitted to refer to two siblings who were entitled to share in the estate.  He had been informed by those two siblings that they disclaimed and waived their right and interest in the estate.

3.  Upon discovery of this omission, the Applicant took out an originating summons in these proceedings to seek a revocation of the grant.  The intention was that he would make a fresh application for grant with a supporting affirmation without any omissions.

4.  At the hearing on 7 January 2008, I was told that the two siblings whose names were omitted were still taking the same stance, i.e. they do not wish to take any benefit from the estate.

5.  The court gave direction for the papers to be served on all the beneficiaries to the estate.  Directions were also given to ascertain whether any beneficiaries had any objection to the Applicant remained as the administrator.

6.  In accordance with those directions, the paper was served.  Moreover, pursuant to the direction given by this court on 28 January 2008, solicitors for the Applicant wrote to the beneficiaries again inviting them to come forward if they had any objections to the applicant remaining as the administrator.

7.  I am satisfied that all the beneficiaries were properly informed and they have not come forward to raise any objection.

8.  In the circumstances, I do not think it is necessary to revoke the grant, see Tristram and Coote’s paragraph 17.60.  In fact, it would be a waste of costs and time.

9.  Instead, I will direct the Applicant to file a corrective affirmation within 28 days in HCAG 013901/2006 and the Letters of Administration shall stand.

10.  Since the application is occasioned by the inadvertent of Applicant, he should pay the costs of the application instead of having such costs paid out of the estate.