TJIANG GIOK MOY v. ANG JIMMY TJUN MIN, executor of the Estate of ANG TIONG LOI, deceased AND ANOTHER

TJIANG GIOK MOY v. ANG JIMMY TJUN MIN, executor of the Estate of ANG TIONG LOI, deceased AND ANOTHER

The court exercised its discretion to appoint Mr Cheng Tsz Ying as sole independent administrator because both candidates were independent and fees were reasonable but Mr Cheng had demonstrable experience acting as an independent administrator in contentious estates whereas Mr Tam did not, making Mr Cheng better suited to manage the estate’s litigation and property.

Citation
[2024] HKCFI 3711
Parties
Plaintiff (hcmp 94/2022) / 1st Defendant (hcmp 322/2022): ANG JIMMY TJUN MIN; 1st Defendant (hcmp 94/2022) / 2nd Defendant (hcmp 322/2022): ANG EILEEN; 2nd Defendant (hcmp 94/2022) / Plaintiff (hcmp 322/2022): TJIANG GIOK MOY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 2024
Case Number
HCMP322/2022
Procedural Posture
Probate and Administration — Appointment of Independent Administrator / Substantive Hearing to Appoint an Independent Administrator Pursuant to DHCJ Order of 4 December 2023
Outcome
Mr Cheng Tsz Ying appointed as sole independent administrator of the estate of ANG TIONG LOI.
Legal Topics
Appointment of Administrator, Independence of Administrator, Assessment of Professional Experience and Fees, Administration of Estate Property
Source Language
EN
Probate Administration of Estates Civil Procedure Appointment of Administrator Independence of Administrator Assessment of Professional Experience and Fees Administration of Estate Property

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Parties

ANG JIMMY TJUN MIN

Plaintiff (hcmp 94/2022) / 1st Defendant (hcmp 322/2022)

ANG EILEEN

1st Defendant (hcmp 94/2022) / 2nd Defendant (hcmp 322/2022)

TJIANG GIOK MOY

2nd Defendant (hcmp 94/2022) / Plaintiff (hcmp 322/2022)

Procedural Posture

Probate and Administration — Appointment of Independent Administrator / Substantive Hearing to Appoint an Independent Administrator Pursuant to DHCJ Order of 4 December 2023

Legal Issues

  1. 1 Whether the court should appoint an independent administrator of the estate
  2. 2 If so, which candidate (Mr Cheng Tsz Ying or Mr Derick Tam) should be appointed
  3. 3 Whether a solicitor with contentious administration experience is preferable

Ratio Decidendi

The court exercised its discretion to appoint Mr Cheng Tsz Ying as sole independent administrator because both candidates were independent and fees were reasonable but Mr Cheng had demonstrable experience acting as an independent administrator in contentious estates whereas Mr Tam did not, making Mr Cheng better suited to manage the estate’s litigation and property.

Court Disposition

Mr Cheng Tsz Ying appointed as sole independent administrator of the estate of ANG TIONG LOI.

Orders

  • Appoint Mr Cheng Tsz Ying as sole independent administrator of the estate of the deceased.
  • Parties to agree the terms of the formal order.