RE LAI SUET CHING

RE LAI SUET CHING

An independent professional solicitor administrator was required because the administration involved significant legal issues arising from an un-administered prior estate, disputed trusts and loans, and ongoing litigation; the court must prefer a nominee whose proposal is stable, realistic and whose capped fee is enforceable. On that basis the court appointed Mr Alfred Ip as administrator under section 36 and ordered the caveat to cease and the persons warning's application to be withdrawn.

Citation
RE LAI SUET CHING
Parties
Caveator: Man Fung; Caveator: Man Leung; Person Warning (applicant for Grant): Ping Ying; Person Warning (applicant for Grant): Man Kuen; Person Warning (applicant for Grant): Man Kwong; Person Warning (applicant for Grant): Kam Ying; Deceased (estate Subject): Lai Suet Ching; Deceased (prior Intestate Estate Subject): Lung Tin Kwei; Administrator Appointed: Mr Alfred Ip
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 2015
Case Number
HCCA1364/2015
Procedural Posture
Caveat Proceeding Under Non Contentious Probate Rules and Application for Letters of Administration / Chambers Hearing and Reserved Decision on Appointment of Administrator (final Decision)
Outcome
Caveat discharged; application for grant by persons warning withdrawn; Mr Alfred Ip of Messrs. Oldham, Li & Nie appointed administrator under section 36 Probate and Administration Ordinance; costs ordered against persons warning to pay caveators' costs on summary assessment; liberty to apply for directions.
Legal Topics
Appointment of Administrator, Caveat to Grant, Letters of Administration, Conflicts of Interest Among Beneficiaries, Fee Capping for Administrators, Scope of Un Administered Estate
Source Language
EN
Probate and Administration Succession and Intestacy Trusts Civil Procedure Costs Appointment of Administrator Caveat to Grant Letters of Administration +3 more

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Parties

Man Fung

Caveator

Man Leung

Caveator

Ping Ying

Person Warning (applicant for Grant)

Man Kuen

Person Warning (applicant for Grant)

Man Kwong

Person Warning (applicant for Grant)

Kam Ying

Person Warning (applicant for Grant)

Lai Suet Ching

Deceased (estate Subject)

Lung Tin Kwei

Deceased (prior Intestate Estate Subject)

Mr Alfred Ip

Administrator Appointed

Procedural Posture

Caveat Proceeding Under Non Contentious Probate Rules and Application for Letters of Administration / Chambers Hearing and Reserved Decision on Appointment of Administrator (final Decision)

Legal Issues

  1. 1 Whether an independent professional administrator should be appointed
  2. 2 Which nominee should be preferred where competing proposals exist
  3. 3 Whether accountants alone are suitable given legal complexity of un-administered estate

Ratio Decidendi

An independent professional solicitor administrator was required because the administration involved significant legal issues arising from an un-administered prior estate, disputed trusts and loans, and ongoing litigation; the court must prefer a nominee whose proposal is stable, realistic and whose capped fee is enforceable. On that basis the court appointed Mr Alfred Ip as administrator under section 36 and ordered the caveat to cease and the persons warning's application to be withdrawn.

Court Disposition

Caveat discharged; application for grant by persons warning withdrawn; Mr Alfred Ip of Messrs. Oldham, Li & Nie appointed administrator under section 36 Probate and Administration Ordinance; costs ordered against persons warning to pay caveators' costs on summary assessment; liberty to apply for directions.

Orders

  • The caveat herein shall cease to have any effect.
  • The application filed by the persons warning under HCAG 2398/2015 is withdrawn.