Sep 20, 2022
Leung Siu Yin v. Tung Yuk Ying, the executrix of the estate of the Deceased  HKCFI 2624; HCMP 1891/2021
According to the last will of the Deceased, the Deceased bequeathed a property to the Plaintiff on the condition that there was no change of marital status between Plaintiff and her husband. However, the Executrix of the estate refused to transfer the property to the Plaintiff, as she thought the meaning of “change of marital status” was ambiguous in that it may include death and separation apart from divorce.
Upon perusing the clauses of the will, the Court took the view that “change of marital status” only meant divorce and granted a declaration to this effect clearing up any ambiguity that the Executrix may have in this regard.
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Full judgement is available here.