Chiu Man Fu And Others v Chiu Chung Kwan Ying

CourtCourt of Final Appeal (Hong Kong)
Judgment Date17 Dec 2013
Judgement NumberFAMV42/2013
SubjectMiscellaneous Proceedings (Civil)
FAMV42/2013 CHIU MAN FU AND OTHERS v. CHIU CHUNG KWAN YING

FAMV No 42 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 42 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO 40 OF 2012)

_______________________

BETWEEN

CHIU MAN FU (招文虎) 1st Applicant/
1st Plaintiff
CHIU MAN SHAN (招文珊) 2nd Applicant/
2nd Plaintiff
CHIU MAN PAU (招文豹) 3rd Applicant/
3rd Plaintiff
CHIU MAN LUN (招文麟) 4th Applicant/
4th Plaintiff
CHIU MAN LUNG (招文龍) 5th Applicant/
5th Plaintiff
CHIU MAN YING (招文瑩) (formerly a minor but now of full age) 6th Applicant/
6th Plaintiff
and
CHIU CHUNG KWAN YING (招鍾群英) Respondent/
Defendant

______________________

Appeal Committee: Mr Justice Ribeiro PJ, Mr Justice Tang PJ and Mr Justice Fok PJ
Date of Hearing and Determination: 12 December 2013
Date of Reasons for Determination: 17 December 2013

_________________________________

REASONS FOR DETERMINATION

_________________________________

Mr Justice Tang PJ:

1. On 12 December 2013, we refused leave to appeal. These are our reasons.

2. The testator died on 4 December 2004 aged 55. The cause of death was acute myocardial infarction and diabetes mellitus. He was a wealthy man and left an estate with a provisional net value of nearly $260 million. He had sixteen children by four women, Madam Wong, the defendant, Ms Chan and Ms Lam. Nine of the children were by Madam Wong whom he married in September 1973, and the six youngest of whom are the plaintiffs in this action. He and Madam Wong separated on 27 August 1989, and were divorced on 19 April 1993.

3. In about 1990, the testator began to live with the defendant as man and wife. Their first son was born on the 22 February 1990. The defendant bore the testator two more daughters who were born on 7 July 1993 and 20 July 1995. The defendant, Ms Chan and Ms Lam were neighbours and friends since childhood. The defendant introduced Ms Chan to the testator in 1990 because he needed a personal assistant which she became. But Ms Chan soon became his mistress. She bore him two daughters on 20 November 1995 and 21 April 1997 respectively and a son on 2 June 1998. The defendant also introduced Ms Lam to the testator. He and Ms Lam started to live together in 1993. They had a son on 3 September 2000.

4. The testator made two wills. The first on 24 December 1997, at the office of Messrs Day & Chan. Under the 1997 will, he left his estate to his children. At that time, he only had fourteen,the youngest two of the sixteen were not yet born. He appointed Man Fu, his eldest son by Madam Wong and the defendant as executors. The residuary...

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