YEUNG CHOK MING (楊作明), in his personal capacity and as the administrator of the Estate of Yeung Yau Yan (楊友人), deceased v. YEUNG CHOK LAM (楊作霖), in his personal capacity and as the administrator of the Estate of Chan Yu (陳如), deceased

YEUNG CHOK MING (楊作明), in his personal capacity and as the administrator of the Estate of Yeung Yau Yan (楊友人), deceased v. YEUNG CHOK LAM (楊作霖), in his personal capacity and as the administrator of the Estate of Chan Yu (陳如), deceased

Defendant lacked capacity to execute the Assent in relation to the Property because he was not the administrator of the father's estate at the time; the mother's letters of administration did not create or imply a beneficial or registrable interest in the Property because the father's residuary estate remained unadministered and therefore uncertain; accordingly the Assent was null and void as to the Property and both the mother's LA and the Assent were not registrable under s2(1) LRO; the Court has inherent jurisdiction to vacate those registrations and therefore ordered vacation and declarations as sought together with costs against the mother's estate.

Citation
[2020] HKCFI 480
Parties
Plaintiff (personal Capacity and Administrator of the Estate of Yeung Yau Yan): Yeung Chok Ming; Defendant (personal Capacity and Administrator of the Estate of Chan Yu): Yeung Chok Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2020
Case Number
HCMP1131/2019
Procedural Posture
High Court Miscellaneous Proceedings (originating Summons) HCMP 1131/2019 / Judgment (final)
Outcome
Originating summons allowed in part: declarations made that the mother's Letters of Administration and the Assent were not registrable against the Property and that the Assent was null and void as to the Property; Court exercised inherent jurisdiction to vacate the registrations.
Legal Topics
Letters of Administration, Assent to Vest, Registrability Under Land Registration Ordinance S2(1), Administrator De Bonis Non, Inherent Jurisdiction to Vacate Registrations, Intestacy and Residuary Estate
Source Language
EN
Property Law Probate and Succession Land Registration Civil Procedure Equity Letters of Administration Assent to Vest Registrability Under Land Registration Ordinance S2(1) +3 more

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Parties

Yeung Chok Ming

Plaintiff (personal Capacity and Administrator of the Estate of Yeung Yau Yan)

Yeung Chok Lam

Defendant (personal Capacity and Administrator of the Estate of Chan Yu)

Procedural Posture

High Court Miscellaneous Proceedings (originating Summons) HCMP 1131/2019 / Judgment (final)

Legal Issues

  1. 1 Whether the administrator of the deceased mother had power to execute an assent in relation to property that formed part of the deceased father's unadministered estate
  2. 2 Whether the mother's letters of administration and the assent were registrable under section 2(1) of the Land Registration Ordinance
  3. 3 Whether the assent was valid and effective as to the property

Ratio Decidendi

Defendant lacked capacity to execute the Assent in relation to the Property because he was not the administrator of the father's estate at the time; the mother's letters of administration did not create or imply a beneficial or registrable interest in the Property because the father's residuary estate remained unadministered and therefore uncertain; accordingly the Assent was null and void as to the Property and both the mother's LA and the Assent were not registrable under s2(1) LRO; the Court has inherent jurisdiction to vacate those registrations and therefore ordered vacation and declarations as sought together with costs against the mother's estate.

Court Disposition

Originating summons allowed in part: declarations made that the mother's Letters of Administration and the Assent were not registrable against the Property and that the Assent was null and void as to the Property; Court exercised inherent jurisdiction to vacate the registrations.

Orders

  • Declaration that the Letters of Administration of the estate of Chan Yu registered against the Property are not registrable and are to be vacated from the Land Register
  • Declaration that the Assent dated 9 October 2006 is null and void and not registrable insofar as it concerns the Property and is to be vacated from the Land Register