MA PUI YIN FLORA AND ANOTHER v. MA SIK HUNG BRUCE, the administrator of the Estate of MA YIU, deceased

MA PUI YIN FLORA AND ANOTHER v. MA SIK HUNG BRUCE, the administrator of the Estate of MA YIU, deceased

Defendant was removed as administrator because of inordinate and unjustified delay in administration and distribution, failure to render a true and perfect inventory and account, and unsuitability to continue as administrator; the grant was revoked and a fresh grant issued to a professional solicitor (Mr Tsang);...

Source-derived case information.

Citation
[2023] HKCFI 3083
Parties
1st Plaintiff: MA PUI YIN FLORA; 2nd Plaintiff: MA SIK NIN; Defendant (administrator of the Estate of MA Yiu, Deceased): MA SIK HUNG BRUCE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2023
Case Number
HCMP1054/2022
Procedural Posture
Probate and Administration (administration of Estate; Removal of Administrator) / Substantive Hearing of Originating Summons (final Hearing)
Outcome
Judgment for plaintiffs. Defendant removed as administrator; Grant revoked and fresh grant to be issued to Mr Tsang; defendant ordered to render a true and perfect account verified by affirmation and to deliver up all estate assets, monies and documents within 42 days; no order as to costs on a nisi basis (14 days...
Legal Topics
Removal of Administrator, Duty to Render Account, Devastavit, Revocation and Regrant of Letters of Administration, Costs in Bankruptcy Proceedings, Appointment of Replacement Administrator
Source Language
en
Probate and Administration Trusts Bankruptcy Civil Procedure Removal of Administrator Duty to Render Account Devastavit Revocation and Regrant of Letters of Administration +2 more

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Parties

MA PUI YIN FLORA

1st Plaintiff

MA SIK NIN

2nd Plaintiff

MA SIK HUNG BRUCE

Defendant (administrator of the Estate of MA Yiu, Deceased)

Procedural Posture

Probate and Administration (administration of Estate; Removal of Administrator) / Substantive Hearing of Originating Summons (final Hearing)

Legal Issues

  1. 1 Whether the administrator should be removed for inordinate delay in administration and distribution
  2. 2 Whether the administrator failed to render a true and perfect inventory and account
  3. 3 Whether the bankrupt administrator is a suitable person to continue as administrator and whether a new grant should be issued

Ratio Decidendi

Defendant was removed as administrator because of inordinate and unjustified delay in administration and distribution, failure to render a true and perfect inventory and account, and unsuitability to continue as administrator; the grant was revoked and a fresh grant issued to a professional solicitor (Mr Tsang); defendant was ordered to render and verify a full account and deliver up estate assets/documents within 42 days, and no order as to costs was made nisi pending potential variation application.

Court Disposition

Judgment for plaintiffs. Defendant removed as administrator; Grant revoked and fresh grant to be issued to Mr Tsang; defendant ordered to render a true and perfect account verified by affirmation and to deliver up all estate assets, monies and documents within 42 days; no order as to costs on a nisi basis (14 days...

Orders

  • Defendant removed as administrator of the Estate of Ma Yiu, deceased.
  • Letters of Administration (Grant No. HCAG 003285/2008) revoked and a fresh grant to be issued to Mr Tsang Kam Chuen of Messrs Tsang, Chan & Woo as administrator.