RE LOO CHE CHIN

RE LOO CHE CHIN

On the facts the court was satisfied there was a complete breakdown of relationship and mutual distrust combined with ineffective communication that would impede expeditious administration of a large and potentially complex estate; accordingly it was necessary and convenient under s36 to pass over the executor (Clive) and appoint independent accountants to administer the estate.

Citation
RE LOO CHE CHIN
Parties
Caveator / Applicant Under Section 36: Janet; Executor (respondent) / Applicant for Grant of Probate: Clive; Testator: Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 2013
Case Number
HCCA3131/2011
Procedural Posture
Probate Application Under Probate and Administration Ordinance S36 / Non Contentious Probate Rule / Hearing and Judgment on Contested S36 Summons (judgment Dated 15 March 2013)
Outcome
Application under s36 granted in part: Clive passed over as executor and two accountants from Ernst & Young (nominated by Clive) appointed as joint and several administrators.
Legal Topics
Removal of Executor, Section 36 Probate and Administration Ordinance, Necessity or Convenience Ground, Hostility Between Beneficiaries, Appointment of Administrators, Costs
Source Language
EN
Probate Estate Administration Trusts and Succession Civil Procedure Removal of Executor Section 36 Probate and Administration Ordinance Necessity or Convenience Ground Hostility Between Beneficiaries +2 more

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Parties

Janet

Caveator / Applicant Under Section 36

Clive

Executor (respondent) / Applicant for Grant of Probate

Deceased

Testator

Procedural Posture

Probate Application Under Probate and Administration Ordinance S36 / Non Contentious Probate Rule / Hearing and Judgment on Contested S36 Summons (judgment Dated 15 March 2013)

Legal Issues

  1. 1 Whether the executor (Clive) should be passed over under s36 of the Probate and Administration Ordinance
  2. 2 Whether breakdown of relationships and hostility justify removal of executor
  3. 3 Whether non-residence of executor is a ground for removal in this case

Ratio Decidendi

On the facts the court was satisfied there was a complete breakdown of relationship and mutual distrust combined with ineffective communication that would impede expeditious administration of a large and potentially complex estate; accordingly it was necessary and convenient under s36 to pass over the executor (Clive) and appoint independent accountants to administer the estate.

Court Disposition

Application under s36 granted in part: Clive passed over as executor and two accountants from Ernst & Young (nominated by Clive) appointed as joint and several administrators.

Orders

  • Clive is passed over as executor and two Ernst & Young accountants nominated by Clive are appointed joint and several administrators of the Deceased's estate
  • Parties to file and exchange submissions on costs within 14 days; costs to be disposed of on the papers