CHAN CHU WA AND ANOTHER v. CHAN CHAU FUNG, the administratrix of the estate of POON SIU CHUN, deceased AND OTHERS

CHAN CHU WA AND ANOTHER v. CHAN CHAU FUNG, the administratrix of the estate of POON SIU CHUN, deceased AND OTHERS

The 1st Defendant was removed because, taking all circumstances holistically, she failed to render a full and proper account when demanded, undisclosed sale proceeds and substantial URA allowances were not accounted for and were largely reinvested into a property registered in the names of beneficiaries (the...

Source-derived case information.

Citation
[2025] HKCFI 5493
Parties
1st Plaintiff: CHAN CHU WA; 2nd Plaintiff: CHAN KAM HE; 1st Defendant (administratrix): CHAN CHAU FUNG; 2nd Defendant: CHAN WAI ON EDDIE; 3rd Defendant: CHAN YIN FUN ALICE; Deceased: POON SIU CHUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 2025
Case Number
HCMP247/2025
Procedural Posture
Probate and Administration — Removal of Administrator (s.33(3) Pao) / Judgment on Originating Summons (final)
Outcome
Order removing 1st Defendant as administratrix; appointment of Ms Tse Man Shan, Anna as new administratrix; direction for 1st Defendant to render full and proper account within 21 days; costs nisi personally against 1st Defendant; no order as to damages or costs against 2nd and 3rd Defendants.
Legal Topics
Removal of Administrator, Accounting by Administrator, Appointment of Professional Administratrix, Interim Distribution, Costs in Estate Proceedings, Misapplication of Estate Funds
Source Language
en
Probate and Administration Trusts and Estates Civil Procedure Property Law Removal of Administrator Accounting by Administrator Appointment of Professional Administratrix Interim Distribution +2 more

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Parties

CHAN CHU WA

1st Plaintiff

CHAN KAM HE

2nd Plaintiff

CHAN CHAU FUNG

1st Defendant (administratrix)

CHAN WAI ON EDDIE

2nd Defendant

CHAN YIN FUN ALICE

3rd Defendant

POON SIU CHUN

Deceased

Procedural Posture

Probate and Administration — Removal of Administrator (s.33(3) Pao) / Judgment on Originating Summons (final)

Legal Issues

  1. 1 Whether the administratrix should be removed under s.33(3) PAO for failure to administer the estate properly
  2. 2 Whether the administratrix failed to render a full and proper account when demanded
  3. 3 Whether sale proceeds and URA allowances were properly dealt with and whether reinvestment into a property constituted misappropriation

Ratio Decidendi

The 1st Defendant was removed because, taking all circumstances holistically, she failed to render a full and proper account when demanded, undisclosed sale proceeds and substantial URA allowances were not accounted for and were largely reinvested into a property registered in the names of beneficiaries (the so‑called Ancestral Home), she placed significant estate cash in time deposits in her own or joint names, and there existed such hostility with majority beneficiaries that administration would be impeded; replacement by an independent professional administratrix and an order for a full account within 21 days were necessary and in beneficiaries' interests.

Court Disposition

Order removing 1st Defendant as administratrix; appointment of Ms Tse Man Shan, Anna as new administratrix; direction for 1st Defendant to render full and proper account within 21 days; costs nisi personally against 1st Defendant; no order as to damages or costs against 2nd and 3rd Defendants.

Orders

  • 1st Defendant removed as administratrix of the Estate
  • Ms Tse Man Shan, Anna of HOF Advisory and Consulting Limited appointed as new administratrix of the Estate