|
FCMP 176/2019
[2024] HKFC 157
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
FAMILY COURT
MISCELLANEOUS PROCEEDINGS NO. 176 OF 2019
_______________________
|
|
IN THE ESTATE OF CSS, deceased (“the Deceased”)
|
|
|
and
|
|
|
IN THE MATTER OF Sections 3 and 4 of the Inheritance (Provisions for Family and Dependants) Ordinance (
Cap 481
)
|
_______________________
|
BETWEEN
|
|
|
WLK by MYW her next friend
|
Applicant
|
|
|
and
|
|
|
|
CCIW
|
1
st
Respondent
|
|
|
CCT
|
2
nd
Respondent
|
|
|
CCK
|
3
rd
Respondent
|
|
|
CCF
|
4
th
Respondent
|
|
|
CCYV
|
5
th
Respondent
|
|
|
CCCL
|
6
th
Respondent
|
|
|
CCSS
|
7
th
Respondent
|
|
|
NCMT
|
8
th
Respondent
|
|
|
CCHC
|
9
th
Respondent
|
|
|
CCPV
|
10
th
Respondent
|
|
|
CCCL (Executrix of the last Will of
|
11
th
Respondent
|
|
|
CSS, deceased)
|
|
|
|
CCPV (Executrix of the last Will of
|
12
th
Respondent
|
|
|
CSS, deceased)
|
|
______________________
|
Coram:
|
Her Honour Judge Thelma Kwan in Chambers (not open to public)
|
|
Dates of Trial:
|
28 to 31 August 2023 and 11 September 2023
|
|
Closing Submission for the Applicant:
|
9 October 2023
|
|
Closing Submission for the 1
st
, 2
nd
and 7
th
Respondents:
|
9 October 2023
|
|
Closing Submission for the 4
th
Respondent:
|
9 October 2023
|
|
Date of Judgment:
|
16 August 2024
|
______________________________________
JUDGMENT
(Financial Provision for Family and Dependants)
_______________________________________
Introduction
1.
This is an application by the Applicant (the “
Wife
”) as the surviving spouse of the husband, CSS (the “
Deceased
”), through her Next Friend, MYW (“
Madam M
”), for reasonable financial provision from the Deceased’s net estate under the Inheritance (Provision for Family and Dependants) Ordinance (
Cap. 481
) (the “
Ordinance
”).
2.
The Deceased passed away at age 87 in August 2018 in Hong Kong, leaving the Wife and his 10 children, being the 1
st
|