In yet another chapter of the long-running family feud over the estate of the former wife of the late founder of the Nan Fung Group, Wilson Chan J handed down a significant decision on the amendment of pleadings in Angela Chen v Wai Wai Chen [2024] HKCFI 1837.

In this case, the plaintiff (“Angela”) seeks to propound Madam Yang (“Mother”)’s 2008 will, whereas the defendant (“Vivien”) seeks to propound an earlier 2004 will. Vivien applied to amend her Rejoinder to, inter alia, introduce extensive allegations relating to events occurring after the execution of the 2008 will. After a learned review of the authorities, Wilson Chan J disallowed the opposed amendments:

• The proposed amendments amount to a collateral attack on the judgments in a related High Court action, in which Mother successfully rescinded various arrangements entered into with Vivien on the ground that Vivien had taken unfair advantage of her.

• Vivien is not permitted to take inconsistent positions in different proceedings, as this would otherwise amount to an abuse of process.

• Allegations of Angela’s non-disclosure and lifetime undue influence in respect of a vast number of transactions are irrelevant. Vivien has advanced no viable plea of probate undue influence, which applies a more stringent test than equitable undue influence. Vivien’s plea that Mother acted on Angela’s “persuasion” falls short of pleading that there is a “coercion” of Mother’s will.

Since the proposed pleas were substantially disallowed, the Court concluded that it would not re-formulate defective proposed amendments. It would be for the applicant to make a fresh application. This decision illustrates the need for discipline in pleadings even in the context of probate litigation, in particular the need to avoid irrelevant and scandalous allegations.

The full judgment can be viewed here.