YU YEE LUEN AND ANOTHER v. SO YU LUNG AND OTHERS

YU YEE LUEN AND ANOTHER v. SO YU LUNG AND OTHERS

The executrices made adequate and exhaustive enquiries over a prolonged period such that it is highly unlikely further efforts would locate the missing beneficiary; the defendants do not oppose; accordingly a Benjamin order is justified to permit distribution on the footing that the missing beneficiary predeceased the testator without leaving issue, and costs are to be paid out of the estate and taxed on a trustee basis.

Citation
[2022] HKCFI 2403
Parties
Plaintiff (executrix and Trustee): YU YEE LUEN; Plaintiff (executrix and Trustee): YEUNG YU YEE FAN BARBARA; 1st Defendant: SO YU LUNG; 2nd Defendant: SO YU CHUEN; 3rd Defendant: SO TSZ YEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2022
Case Number
HCMP487/2022
Procedural Posture
Probate/administration Benjamin Order Application / Application for Benjamin Order (originating Summons)
Outcome
Application granted
Legal Topics
Benjamin Order, Missing Beneficiary, Distribution of Estate, Trustees' Duties
Source Language
EN
Probate Trusts Estate Administration Civil Procedure Benjamin Order Missing Beneficiary Distribution of Estate Trustees' Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

YU YEE LUEN

Plaintiff (executrix and Trustee)

YEUNG YU YEE FAN BARBARA

Plaintiff (executrix and Trustee)

SO YU LUNG

1st Defendant

SO YU CHUEN

2nd Defendant

SO TSZ YEE

3rd Defendant

Procedural Posture

Probate/administration Benjamin Order Application / Application for Benjamin Order (originating Summons)

Legal Issues

  1. 1 Whether a Benjamin order should be granted to permit distribution of the estate on the footing that the missing beneficiary predeceased the testator without issue
  2. 2 Whether the executrices undertook adequate and exhaustive inquiries to locate the missing beneficiary
  3. 3 Whether further inquiries or payment into Court are necessary or would be productive

Ratio Decidendi

The executrices made adequate and exhaustive enquiries over a prolonged period such that it is highly unlikely further efforts would locate the missing beneficiary; the defendants do not oppose; accordingly a Benjamin order is justified to permit distribution on the footing that the missing beneficiary predeceased the testator without leaving issue, and costs are to be paid out of the estate and taxed on a trustee basis.

Court Disposition

Application granted

Orders

  • Benjamin order granted permitting distribution of the estate on the footing that So Yu Lung (the missing beneficiary) predeceased Madam Ho without leaving issue, in terms of paragraph 1 of the Originating Summons dated 27 April 2022
  • Costs of the application to be paid out of the estate of Madam Ho and taxed on a trustee basis