TANG KAM CHEUNG v. CHENG TANG KAM YUNG AND ANOTHER

TANG KAM CHEUNG v. CHENG TANG KAM YUNG AND ANOTHER

Given the Letters of Administration had been granted and registered and the co-administrator (the Mother) had died, the court ordered the plaintiff to represent the Mother's estate; the excerpt does not resolve the substantive application for accounts or further administration.

Citation
[2019] HKCFI 2967
Parties
Applicant/plaintiff: Plaintiff; Co Administrator/deceased: Mother (deceased); Estate Owner/deceased: Father (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2019
Case Number
HCA795/2019
Procedural Posture
Administration/probate / Application for Furnishing of Accounts and Administration; Interlocutory Representation Order
Outcome
Partial: Letters of Administration registered; plaintiff ordered to represent deceased Mother's estate; other relief not resolved in provided excerpt.
Legal Topics
Letters of Administration, Furnishing of Accounts, Administration of Estate, Representation of Estate
Source Language
EN
Probate Administration of Estates Property Civil Procedure Letters of Administration Furnishing of Accounts Administration of Estate Representation of Estate

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 2 Party arguments 2
Sign in to unlock

Parties

Plaintiff

Applicant/plaintiff

Mother (deceased)

Co Administrator/deceased

Father (deceased)

Estate Owner/deceased

Procedural Posture

Administration/probate / Application for Furnishing of Accounts and Administration; Interlocutory Representation Order

Legal Issues

  1. 1 Whether Letters of Administration were validly granted and registered in the Land Registry and confer authority over estate land
  2. 2 Whether the administrator must be ordered to furnish accounts of the Father's estate
  3. 3 Whether administration of the Father's estate should be vested in the applicant following the death of the Mother

Ratio Decidendi

Given the Letters of Administration had been granted and registered and the co-administrator (the Mother) had died, the court ordered the plaintiff to represent the Mother's estate; the excerpt does not resolve the substantive application for accounts or further administration.

Court Disposition

Partial: Letters of Administration registered; plaintiff ordered to represent deceased Mother's estate; other relief not resolved in provided excerpt.

Orders

  • Letters of Administration in respect of the Father's estate were granted and registered in the Land Registry.
  • Plaintiff ordered to represent the Mother's estate in HCMP.