CHEN TAOCHENG v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased AND OTHERS

CHEN TAOCHENG v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased AND OTHERS

The administratrix was removed because evidence (including registered sale transactions and the widow's own first affirmation) showed sales of estate assets to the administratrix and her close relatives that engaged the strict self‑dealing rule, produced contradictory explanations and created unavoidable conflicts of interest making her unsuitable to continue; accordingly the court revoked the Letters of Administration and appointed an independent solicitor administrator (Mr Wong Tak Shing) with directions for production of inventories, documents and transfer of assets, and made specified costs orders.

Citation
[2025] HKCFI 5225
Parties
Plaintiff (hcmp 2396/2024): Chan Sun Judy; Plaintiff (hcmp 142/2025): Chen Taocheng; Administratrix; Defendant: Qin Xiao Jian; Defendant (2nd Defendant in HCMP 142/2025): Chan Kwun Shing; Deceased: Chan Wai Hing Alexander
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2025
Case Number
HCMP142/2025
Procedural Posture
Probate and Administration — Removal of Administratrix; Challenge to Letters of Administration Hcag018855/2023 / Judgment (high Court, 4 November 2025)
Outcome
Letters of Administration HCAG 18855/2023 revoked; Qin Xiao Jian removed as administratrix; Mr Wong Tak Shing appointed as independent administrator; specific disclosure, delivery and vesting orders made; costs orders nisi made with directions.
Legal Topics
Removal of Administrator, Self Dealing, Locus Standi in Probate, Intestacy, Letters of Administration, Joinder/duplicity of Proceedings, Costs
Source Language
EN
Probate Succession Trusts Civil Procedure Property Law Removal of Administrator Self Dealing Locus Standi in Probate +4 more

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Chan Sun Judy

Plaintiff (hcmp 2396/2024)

Chen Taocheng

Plaintiff (hcmp 142/2025)

Qin Xiao Jian

Administratrix; Defendant

Chan Kwun Shing

Defendant (2nd Defendant in HCMP 142/2025)

Chan Wai Hing Alexander

Deceased

Procedural Posture

Probate and Administration — Removal of Administratrix; Challenge to Letters of Administration Hcag018855/2023 / Judgment (high Court, 4 November 2025)

Legal Issues

  1. 1 Whether the administratrix (Qin Xiao Jian) should be removed under section 33(3) of the Probate and Administration Ordinance
  2. 2 Whether sales of estate assets to the administratrix and her close relatives engage the self-dealing rule and render her unfit
  3. 3 Whether Chen Taocheng has locus standi to bring the 142 Proceedings on basis of DNA evidence

Ratio Decidendi

The administratrix was removed because evidence (including registered sale transactions and the widow's own first affirmation) showed sales of estate assets to the administratrix and her close relatives that engaged the strict self‑dealing rule, produced contradictory explanations and created unavoidable conflicts of interest making her unsuitable to continue; accordingly the court revoked the Letters of Administration and appointed an independent solicitor administrator (Mr Wong Tak Shing) with directions for production of inventories, documents and transfer of assets, and made specified costs orders.

Court Disposition

Letters of Administration HCAG 18855/2023 revoked; Qin Xiao Jian removed as administratrix; Mr Wong Tak Shing appointed as independent administrator; specific disclosure, delivery and vesting orders made; costs orders nisi made with directions.

Orders

  • Revocation of Letters of Administration (Grant No. HCAG 18855/2023) in respect of the Estate.
  • Qin Xiao Jian removed as administratrix of the Estate.