RE CHOI YUK NGAN

HCEA 40/08

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

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J U D G M E N T

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1.  In these matters, a step-son of Choi Yuk Ngan, a deceased person [“the Deceased”], applied for grant of letters of administration in respect of her estate. The Deceased died intestate on 20 January 2003. She did not have any natural child of her own. She was married to the father of the step-son on 20 December 1962 after the death of the natural mother of the step-son. The father died in 2002. The step-son made the application on the basis that he was the lawful son of the Deceased by relying on the decision of Yam J in Re the estate of Chan Lai Fong HCMP 2988 of 2003.

2.  Sadly, the step-son passed away on 30 April 2005. His widow obtained a grant in respect of the estate of the step-son in HCAG 002886 of 2006 on 18 September 2006.  In the capacity as the administratrix of the step-son, the widow applied to the Probate Registry in April 2008 for grant of letters of administration in respect of the estate of the Deceased.  After the Registry raised some requisitions in July 2008, the widow changed her solicitor.  The new solicitor did not respond to the requisitions and the file became inactive.

3.  In December 2010, the court came to consider the issue as to the entitlement of a step-son under the IEO in another set of proceedings.  Directions were given to facilitate all pending cases with the same issue be dealt with together.  These matters were brought up before the court and after giving due notice to the solicitor for the widow, the matter was heard on 28 March 2011.  The solicitor indicated that the widow would not play an active part at the hearing but asked to be notified as regards the result.

4.  For reasons given in my judgment in HCAP 4 of 2010, I hold that a step-son does not come within the definition of “child” and “issue” under the IEO.  The reasons should be read as being incorporated into this judgment.

5.  In the circumstances, the widow cannot obtain a grant in respect of the estate of the Deceased.  It is not clear to me whether the Deceased has any next-of-kin who may apply for grant.  If not, the estate of the Deceased falls to be dealt with in accordance with Section 4(9) of the IEO.  Those advising the widow can consider whether a claim can be made on her behalf to the Secretary for Justice under that sub-section.