湯惠蓮及另一人 對 湯國強及另四人

湯惠蓮及另一人 對 湯國強及另四人

Given urgent need, intra-family distrust and the nature of the estate (accounts, company share and rental income), the court must appoint an independent professional. An experienced accountant was the most suitable and economical choice; appointment is subject to statutory fee cap under Cap.10 s60(2)(b), prohibition on sale of properties without court order or beneficiaries' consent, and a security requirement under s36 Cap.10 (HK$2,500,000 to be provided unless professional indemnity insurance proof is produced).

Citation
湯惠蓮及另一人 對 湯國強及另四人
Parties
First Plaintiff: 湯惠蓮; Second Plaintiff: 湯美蓮; First Defendant: 湯國強; Second Defendant: 湯國華; Third Defendant: 湯國祥; Fourth Defendant: 湯國昇; Fifth Defendant: 湯國祺
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 June 2012
Case Number
HCMP664/2011
Procedural Posture
Civil — Probate/estate Administration / Application for Appointment of Estate Administrator (miscellaneous Proceedings)
Outcome
Accountant (李會計師) appointed as estate administrator with conditions
Legal Topics
Appointment of Administrator, Security for Administrator, Remuneration Limits, Conflict of Interest
Source Language
CH
Probate Estate Administration Civil Procedure Appointment of Administrator Security for Administrator Remuneration Limits Conflict of Interest

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Parties

湯惠蓮

First Plaintiff

湯美蓮

Second Plaintiff

湯國強

First Defendant

湯國華

Second Defendant

湯國祥

Third Defendant

湯國昇

Fourth Defendant

湯國祺

Fifth Defendant

Procedural Posture

Civil — Probate/estate Administration / Application for Appointment of Estate Administrator (miscellaneous Proceedings)

Legal Issues

  1. 1 Who should be appointed estate administrator?
  2. 2 Whether a professional administrator should be appointed given family conflict and urgency
  3. 3 What security or guarantee should be required under s36 Cap.10

Ratio Decidendi

Given urgent need, intra-family distrust and the nature of the estate (accounts, company share and rental income), the court must appoint an independent professional. An experienced accountant was the most suitable and economical choice; appointment is subject to statutory fee cap under Cap.10 s60(2)(b), prohibition on sale of properties without court order or beneficiaries' consent, and a security requirement under s36 Cap.10 (HK$2,500,000 to be provided unless professional indemnity insurance proof is produced).

Court Disposition

Accountant (李會計師) appointed as estate administrator with conditions

Orders

  • Appoint 李會計師 as estate administrator
  • Administrator's fees shall not exceed the limit prescribed by Wills and Administration Ordinance (Cap.10) s60(2)(b)