LI CHOI PING AND ANOTHER v. XIE YANXIAN (as administrator of the estate of Li Hon Yuen)

LI CHOI PING AND ANOTHER v. XIE YANXIAN (as administrator of the estate of Li Hon Yuen)

The court removed the defendant as administratrix because the due and proper administration of the Estate and the interests of the beneficiaries required it: the defendant had put herself in a clear position of serious conflict of interest as an alleged creditor of a substantial portion of the Estate, had failed to account properly and had fostered breakdown of relations and secrecy that placed administration at a standstill; an independent professional administrator (Mr Tam) was appointed as replacement and costs were ordered against the defendant.

Citation
[2022] HKCFI 3042
Parties
1st Plaintiff: Li Choi Ping; 2nd Plaintiff: Li Suk Ping; Defendant (administratrix): Xie Yanxian
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 October 2022
Case Number
HCMP1000/2021
Procedural Posture
Originating Summons for Removal of Administratrix (probate and Administration) / Judgment (substantive Hearing of Originating Summons)
Outcome
Order made removing Xie Yanxian as administratrix; Mr Tam Wing Chung Gary of Messrs GT Lawyers appointed as administrator of the Estate in her place; costs awarded to the plaintiffs to be paid by the defendant; costs order nisi to become absolute in 14 days absent application to vary
Legal Topics
Removal of Administrator, Conflict of Interest, Accounts of Estate, Appointment of Professional Administrator, Costs
Source Language
EN
Probate Administration of Estates Civil Procedure Removal of Administrator Conflict of Interest Accounts of Estate Appointment of Professional Administrator Costs

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Parties

Li Choi Ping

1st Plaintiff

Li Suk Ping

2nd Plaintiff

Xie Yanxian

Defendant (administratrix)

Procedural Posture

Originating Summons for Removal of Administratrix (probate and Administration) / Judgment (substantive Hearing of Originating Summons)

Legal Issues

  1. 1 Whether the defendant should be removed as administratrix under s33(3) of the Probate and Administration Ordinance due to conflict of interest and failure to account
  2. 2 Whether an independent professional administrator should be appointed in replacement
  3. 3 Whether the defendant should pay the plaintiffs' costs

Ratio Decidendi

The court removed the defendant as administratrix because the due and proper administration of the Estate and the interests of the beneficiaries required it: the defendant had put herself in a clear position of serious conflict of interest as an alleged creditor of a substantial portion of the Estate, had failed to account properly and had fostered breakdown of relations and secrecy that placed administration at a standstill; an independent professional administrator (Mr Tam) was appointed as replacement and costs were ordered against the defendant.

Court Disposition

Order made removing Xie Yanxian as administratrix; Mr Tam Wing Chung Gary of Messrs GT Lawyers appointed as administrator of the Estate in her place; costs awarded to the plaintiffs to be paid by the defendant; costs order nisi to become absolute in 14 days absent application to vary

Orders

  • Defendant Xie Yanxian removed as administratrix of the Estate of Li Hon Yuen
  • Mr Tam Wing Chung Gary of Messrs GT Lawyers appointed as administrator of the Estate in place of the defendant