Contested Probate Hong Kong: Legal Process and Court Applications

Stefan Schmierer
May 2, 2020
4 min read

Updated: Mar 20

Author: Stefan Schmierer, Managing Partner

Court Applications in Contested Probate Matters

Applications may be made to the Court for:

the grant of probate of the will, or letters of administration of the estate if there is no will, of a deceased person.
the revocation of a grant already made.
a decree pronouncing for or against the validity of a will.

Common Form and Solemn Form Grants

Common Form or Solemn Form in Contested Probate

As a preliminary, it should be noted that where the validity of the will has not been contested it is proved in common form, and where it is proved only after being contested in court it is proved in solemn form.

The most important distinction is that a grant in common form is revocable, whereas a grant in solemn form is not revocable, subject to two exceptions. These exceptions apply where the existence of a later will becomes known, or where the grant was obtained by fraud.

If a person with an interest that has been prejudiced by a grant in common form wishes to apply to have it revoked, they may do so regardless of the lapse of time or even after legacies have been received. Once a probate claim has been launched, any person with an interest is entitled to intervene.

However, once a grant in solemn form has been pronounced, all parties and all persons with an interest who were entitled to intervene must stand by the result, whether or not they were parties to the proceedings. The position is different for persons who had no knowledge of the probate action.

Contested Claims for a Grant of Probate

Probate Actions in Hong Kong

Claims relating to the right to apply for a grant are known as probate actions. These actions relate to title and the right to apply for a grant.

Accordingly, issues of pedigree or legitimacy are frequently involved. It should be noted, however, that probate actions are not the appropriate procedure for declarations of legitimacy.

Once such a matter has been determined, the same question cannot be reopened in another court.

Revocation of a Grant

These claims arise when it is alleged that a will be proved in common form is invalid or that the grant was obtained, for example, by a person not entitled to it or in an improper manner.

Applications for a Decree on the Validity of a Will

Decree Pronouncing for or Against a Will

In these cases, the issue to be determined is whether a will is a valid testamentary document.

An application may be brought by the executor named in the will. If the executor does not act, a residuary legatee or potential beneficiary may bring the claim.

Alternatively, a person opposing the will may apply for a decree pronouncing against its validity.

There may also be occasions where an executor named in the will does not seek to prove it. In such cases, beneficiaries under the will or those entitled under an intestacy may apply to compel the executor to prove the will.

How Ravenscroft & Schmierer Can Help?

Contested probate in Hong Kong involves complex procedural rules and potentially irreversible outcomes. Ravenscroft & Schmierer advises clients on probate actions, revocation of grants and applications challenging the validity of wills.

If you are involved in a probate dispute or believe a will should be challenged or defended, contact our team who can guide you through the legal process.

FAQ: Contested Probate Hong Kong

What is contested probate in Hong Kong?

Contested probate refers to court proceedings where the validity of a will, the grant of probate or the right to administer an estate is disputed.

What is the difference between common form and solemn form probate?

Common form probate is granted where no dispute exists and is revocable. Solemn form probate is granted after court proceedings and is generally final.

Who can challenge a grant of probate?

Any person with a legitimate interest in the estate whose rights are affected may apply to challenge or revoke a grant.

Can a grant of probate be revoked?

Yes. A grant in common form may be revoked, particularly where the will is invalid or the grant was improperly obtained.

What is a probate action?

A probate action is a court claim relating to the right to apply for a grant of probate or letters of administration.

Can beneficiaries force an executor to act?

Yes. Beneficiaries or persons entitled under intestacy may apply to compel an executor to prove the will.

How can Ravenscroft & Schmierer assist with contested probate?

Ravenscroft & Schmierer advises on contested probate matters in Hong Kong, including challenges to wills, revocation of grants and probate litigation.

Does Ravenscroft & Schmierer act in probate disputes?

Yes. We represent executors, administrators and beneficiaries in both contested and non‑contentious probate proceedings.

When should legal advice be sought in contested probate cases?

Legal advice should be sought as soon as a dispute arises, especially where estate assets are frozen or court deadlines apply.

Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.

For specific advice about your situation, please contact: