NG KIN YUEN, Administrator of the estate of LAM TIM STAN also known as LAM TIM alias STAN LAM TIM, deceased v. LAM SIK YING VICTOR AND OTHERS

NG KIN YUEN, Administrator of the estate of LAM TIM STAN also known as LAM TIM alias STAN LAM TIM, deceased v. LAM SIK YING VICTOR AND OTHERS

Where a beneficiary's entitlement is not in dispute, there is demonstrable need and administration has been unreasonably delayed, the court will exercise its power under Trustee Ordinance s34(1) to order an interim distribution limited to that beneficiary provided the distribution is a small fraction of the estate, will not prejudice final determination and costs can be met by the estate.

Citation
[2022] HKCFI 1164
Parties
Plaintiff/administrator of the Estate of Lam Tim Stan: Ng Kin Yuen; 1st Defendant: Lam Sik Ying Victor; 2nd Defendant: Tang Lam Mo Ching Mary; 3rd Defendant: Lam Mo Lin; 4th Defendant: Shum Chi Wang (lawful attorney of Shum Wai Kuen Sanda, Administrator of the estate of Lam Mo Chun); 5th Defendant: Lam Mo Chu Susie; 6th Defendant: Lam Sik Shi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2021
Case Number
HCMP1924/2020
Procedural Posture
Trust/probate Application (interim Distribution) / Chambers Hearing and Decision on Interim Distribution Application
Legal Topics
Interim Distribution, Trustee Ordinance S34, Administration of Estate, Costs
Source Language
EN
Trusts and Probate Civil Procedure Estate Administration Interim Distribution Trustee Ordinance S34 Administration of Estate Costs

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 Party arguments 2
Sign in to unlock

Parties

Ng Kin Yuen

Plaintiff/administrator of the Estate of Lam Tim Stan

Lam Sik Ying Victor

1st Defendant

Tang Lam Mo Ching Mary

2nd Defendant

Lam Mo Lin

3rd Defendant

Shum Chi Wang (lawful attorney of Shum Wai Kuen Sanda, Administrator of the estate of Lam Mo Chun)

4th Defendant

Lam Mo Chu Susie

5th Defendant

Lam Sik Shi

6th Defendant

Procedural Posture

Trust/probate Application (interim Distribution) / Chambers Hearing and Decision on Interim Distribution Application

Legal Issues

  1. 1 Whether the court has jurisdiction under Trustee Ordinance s34(1) to order interim distribution
  2. 2 Whether entitlement of the 4th defendant to the estate is disputed
  3. 3 Whether there is need by the beneficiary and undue delay in administration to justify interim distribution

Ratio Decidendi

Where a beneficiary's entitlement is not in dispute, there is demonstrable need and administration has been unreasonably delayed, the court will exercise its power under Trustee Ordinance s34(1) to order an interim distribution limited to that beneficiary provided the distribution is a small fraction of the estate, will not prejudice final determination and costs can be met by the estate.