GJS, as the Personal Representative of KO , the Deceased
Respondent
________________________
Coram:
Her Honour Judge Elaine Liu in Court
Dates of Hearing:
24, 25 October and 3 November 2023
Date of Judgment:
2 August 2024
________________________
JUDGMENT
(Financial provision claimed by
de facto
wife under
section 3(1)(ix)
Cap. 481
)
________________________
A. The Application
1.
This is an application for reasonable financial provision to be paid out of the net estate of O, deceased (“
the Estate
”). The Applicant claimed as a dependent of O under section 3(1)(ix) of the Inheritance (Provisions for Family and Dependents) Ordinance (
Cap. 481
) (“
IPFDO
”).
B. Brief Background
2.
O was a businessman. He founded and operated two companies, L Travel which runs a plane ticketing and hotel booking service, and L Insurance, a licenced insurance broker company. O was the sole shareholder of L Insurance and the majority shareholder (99%) of L Travel. L Insurance and L Travel are referred collectively below as “
the Companies
”.
3.
The Applicant was a reservation officer employed by an airline company, earning a monthly salary of $13,000.
4.
The Applicant and O met in 2003 through their respective works in the travel industry. They began a romantic relationship in mid-2008.
5.
In around September 2009, the Applicant was pregnant and started to cohabit with O in a property in Stubbs Road (“
Stubbs Road Property
”). Stubbs Road Property was held in the name of WHL, a company solely owned by O. They have been living together for about 10 years but they had not married. The Applicant produced photos taken at her request in 2009 in studio wearing wedding gowns.
6.
Their daughter (“
Daughter
”) is now 14 years old.
7.
The Applicant’s case is that she has been a full time housewife since she has cohabited with O. She held the title of Office Manager in L Insurance and received a monthly salary of $18,000 although she did not have day to day duties and responsibilities. In addition, O gave her $35,000 cash every month for her own personal use and $25,000 for other household expenses. O would also occasionally gave her money to take care of ad-hoc expenses.
[1]
8.
In October 2018, O unexpectedly passed away intestate at the age of 71 years. The Daughter is the sole known beneficiary of the Estate.
9.
The Applicant filed this claim on 13 May 2020 against the Estate.
10.
By an Order dated 27 September 2022 (“
Interim Maintenance Order
”), a monthly interim maintenance of $90,000 was granted to the Applicant to be paid out of the Estate and will be taken into account after the final distribution.
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