CHAN KWONG MING AND ANOTHER v. YAO YUERONG (姚月容) , as the sole administratrix of the Estate of CHAN SHU HOK (陳樹鶴)

CHAN KWONG MING AND ANOTHER v. YAO YUERONG (姚月容) , as the sole administratrix of the Estate of CHAN SHU HOK (陳樹鶴)

The administratrix was removed under section 33(3) of the Probate and Administration Ordinance because she failed to render accounts, delayed distribution for many years, appears to have disappeared and may have misappropriated estate assets, such that removal was necessary for due and proper administration and to...

Source-derived case information.

Citation
[2021] HKCFI 2698
Parties
1st Plaintiff: CHAN KWONG MING; 2nd Plaintiff: HUI CHI KONG; Defendant/administratrix of the Estate of CHAN SHU HOK: YAO YUERONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2021
Case Number
HCMP1873/2018
Procedural Posture
Miscellaneous Proceedings (originating Summons) / Judgment (removal Application Decided on Paper)
Outcome
Administratrix removed and replacement administrator appointed; costs awarded against former administratrix.
Legal Topics
Removal of Administrator/administratrix, Duty to Render Accounts, Substituted Service, Intestacy Distribution, Revocation Under Section 33 PAO
Source Language
en
Probate and Administration Civil Procedure Estates and Succession Removal of Administrator/administratrix Duty to Render Accounts Substituted Service Intestacy Distribution Revocation Under Section 33 PAO

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Parties

CHAN KWONG MING

1st Plaintiff

HUI CHI KONG

2nd Plaintiff

YAO YUERONG

Defendant/administratrix of the Estate of CHAN SHU HOK

Procedural Posture

Miscellaneous Proceedings (originating Summons) / Judgment (removal Application Decided on Paper)

Legal Issues

  1. 1 Whether the administratrix should be removed under section 33 PAO
  2. 2 Whether the administratrix has failed in duty to render accounts and to administer the estate
  3. 3 Whether P1 is a proper person to be appointed administrator

Ratio Decidendi

The administratrix was removed under section 33(3) of the Probate and Administration Ordinance because she failed to render accounts, delayed distribution for many years, appears to have disappeared and may have misappropriated estate assets, such that removal was necessary for due and proper administration and to protect beneficiaries' interests; P1 was appointed administrator given beneficiaries' support and lack of alternative candidate.

Court Disposition

Administratrix removed and replacement administrator appointed; costs awarded against former administratrix.

Orders

  • Defendant Yao Yuerong removed as the sole administratrix of the Estate of Chan Shu Hok
  • CHAN KWONG MING appointed as administrator of the Estate in place of the defendant