CHAN SUN JUDY v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased

CHAN SUN JUDY v. QIN XIAOJIAN, the sole administrator of the estate of CHAN WAI HING ALEXANDER, deceased

The administratrix was removed because she participated in transactions which involved sale of estate assets to herself and close relatives through the company that held estate assets, creating a clear conflict of interest and amounting to self‑dealing that endangered the proper administration of the estate; the Court was satisfied removal was necessary to investigate and protect beneficiaries and appointed an independent solicitor (Mr Wong Tak Shing) as administrator, revoking the existing grant and issuing directions for inventory, delivery of documents and assets, and specified costs orders.

Citation
[2025] HKCFI 5225
Parties
Plaintiff (hcmp 2396/2024); 3rd Defendant (hcmp 142/2025): Chan Sun Judy; Plaintiff (hcmp 142/2025): Chen Taocheng; Administratrix of the Estate; Defendant: Qin Xiao Jian; 2nd Defendant (hcmp 142/2025): Chan Kwun Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2025
Case Number
HCMP2396/2024
Procedural Posture
Probate and Administration – Removal of Administratrix; Applications Under Probate and Administration Ordinance S33(3) / Judgment (decision Issued 4 November 2025)
Outcome
Application to remove administratrix granted; existing Letters of Administration revoked; independent administrator appointed; detailed ancillary orders made; costs ordered nisi in specified parts.
Legal Topics
Removal of Administrator, Self‑dealing/conflict of Interest, Locus Standi for Intestacy Claims, Admissibility of Foreign DNA Reports (hearsay), Costs Allocation
Source Language
EN
Probate Trusts and Fiduciary Duty Civil Procedure Evidence Law Removal of Administrator Self‑dealing/conflict of Interest Locus Standi for Intestacy Claims Admissibility of Foreign DNA Reports (hearsay) +1 more

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Parties

Chan Sun Judy

Plaintiff (hcmp 2396/2024); 3rd Defendant (hcmp 142/2025)

Chen Taocheng

Plaintiff (hcmp 142/2025)

Qin Xiao Jian

Administratrix of the Estate; Defendant

Chan Kwun Shing

2nd Defendant (hcmp 142/2025)

Procedural Posture

Probate and Administration – Removal of Administratrix; Applications Under Probate and Administration Ordinance S33(3) / Judgment (decision Issued 4 November 2025)

Legal Issues

  1. 1 Whether the administratrix (Qin Xiao Jian) should be removed under s33(3) Probate and Administration Ordinance for due and proper administration of the estate
  2. 2 Whether sales of estate properties to the administratrix and relatives through the company amounted to prohibited self‑dealing or put the estate at risk
  3. 3 Whether Chen Taocheng has locus standi to bring HCMP 142/2025 as a possible beneficiary (illegitimate son)

Ratio Decidendi

The administratrix was removed because she participated in transactions which involved sale of estate assets to herself and close relatives through the company that held estate assets, creating a clear conflict of interest and amounting to self‑dealing that endangered the proper administration of the estate; the Court was satisfied removal was necessary to investigate and protect beneficiaries and appointed an independent solicitor (Mr Wong Tak Shing) as administrator, revoking the existing grant and issuing directions for inventory, delivery of documents and assets, and specified costs orders.

Court Disposition

Application to remove administratrix granted; existing Letters of Administration revoked; independent administrator appointed; detailed ancillary orders made; costs ordered nisi in specified parts.

Orders

  • Revoke Letters of Administration (Grant No. HCAG18855/2023) granted to Qin Xiao Jian
  • Remove Qin Xiao Jian as administratrix of the Estate