Mediation for Probate Disputes

Dear all

I am Natalia Cheung, an Accredited Mediator of the Hong Kong International Arbitration Centre and a practising solicitor in Hong Kong.

I would like to share with you some information on the use mediation for probate disputes under the laws of Hong Kong.

Mediation for Probate Disputes

Pursuant to Part V of Practice Direction 20.2 of the Rules of the Hong Kong High Court (Cap. 4A) “Probate and Administration of Estate Proceedings (other than applications under The Non-Contentious Probate Rules (Cap.10A)” (PD 20.2), parties in probate disputes are encouraged by the Court to attempt mediation to resolve their disputes and to maintain family harmony as they are usually immediate family members or are known or related to the Deceased.  

For probate actions commenced by writ under Order 76, Practice Direction 31 “Mediation” of the Rules of the Hong Kong High Court shall apply.

Practice Direction 31 aims to assist the Court to discharge its duty as part of active case management by encouraging the parties to use an alternative dispute resolution procedure ("ADR") to settle their civil proceedings taken out in the Court of First Instance and the District Court. Mediation is a common mode of ADR.

For contentious proceedings commenced by originating summons under this PD 20.2, Part V thereto shall apply.

The Court may impose cost sanctions in accordance with Practice Direction 31 to promote the use of mediation for probate disputes.

A party acting in person in probate proceedings may still initiate mediation in accordance with PD 20.2. The Court may direct modifications to the procedures for mediation set out under PD 20.2 as appropriate.

For further information on mediation, please contact Ms. Natalia Cheung 

[(852)-6777 5767]

E-mail: natalia@plaw.hk

Natalia Cheung 

HKIAC Accredited Mediator & Hong Kong Solicitor

Pang Kung & Co., HK Solicitors & Notaries & Civil Celebrants of Marriages

   

 

Disclaimer: The above is for your information and reference only. The contents do not constitute legal advice or a substitute for legal advice in individual cases.