KO YUET LUN AND OTHERS v. KAO YUEH WEN THE EXECUTRIX OF THE ESTATE OF TSANG NGAN KIU

KO YUET LUN AND OTHERS v. KAO YUEH WEN THE EXECUTRIX OF THE ESTATE OF TSANG NGAN KIU

The court refused to remove the Executrix because the principal allegations of misappropriation were abandoned or shown to be unfounded, the Executrix provided itemised accounts and bank statements sufficient for a small and simple estate, the remaining disputes were narrow and amenable to resolution in an administration action under Order 85, there was no demonstrated conflict of interest or other conduct making removal necessary, and removal would cause unnecessary delay and expense.

Citation
[2026] HKCFI 2605
Parties
1st Plaintiff: Ko Yuet Lun; 2nd Plaintiff: Ko Yuet Hsuan; 3rd Plaintiff: Kao Yuh Chiu; Defendant and Executrix of the Estate: Kao Yueh Wen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2026
Case Number
HCMP977/2023
Procedural Posture
Probate and Administration (originating Summons Under Probate and Administration Ordinance) / Final Judgment (paper Disposal)
Outcome
Originating Summons dismissed except where specific orders were made; Defendant is not removed as Executrix; costs order nisi made and undertaking released.
Legal Topics
Removal of Executor/executrix, Accounts of Estate, Interim Distribution, Conflict of Interest, Costs, Administration Action Under Order 85
Source Language
EN
Probate and Administration Civil Procedure Trusts and Fiduciary Duties Removal of Executor/executrix Accounts of Estate Interim Distribution Conflict of Interest Costs +1 more

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Parties

Ko Yuet Lun

1st Plaintiff

Ko Yuet Hsuan

2nd Plaintiff

Kao Yuh Chiu

3rd Plaintiff

Kao Yueh Wen

Defendant and Executrix of the Estate

Procedural Posture

Probate and Administration (originating Summons Under Probate and Administration Ordinance) / Final Judgment (paper Disposal)

Legal Issues

  1. 1 Whether the Executrix should be removed under s.33(3) P&A Ordinance
  2. 2 Whether the Executrix failed to render a full and proper account of the estate
  3. 3 Whether there is a conflict of interest justifying removal

Ratio Decidendi

The court refused to remove the Executrix because the principal allegations of misappropriation were abandoned or shown to be unfounded, the Executrix provided itemised accounts and bank statements sufficient for a small and simple estate, the remaining disputes were narrow and amenable to resolution in an administration action under Order 85, there was no demonstrated conflict of interest or other conduct making removal necessary, and removal would cause unnecessary delay and expense.

Court Disposition

Originating Summons dismissed except where specific orders were made; Defendant is not removed as Executrix; costs order nisi made and undertaking released.

Orders

  • Save paragraphs 1 and 3 on which orders have been made, the remaining part of the Originating Summons is dismissed
  • Defendant's undertaking given to the court on 3 October 2024 is released