ANG JIMMY TJUN MIN v. ANG EILEEN AND ANOTHER

ANG JIMMY TJUN MIN v. ANG EILEEN AND ANOTHER

Given the entrenched conflict of interests, mutual mistrust and multiplicity of litigations between the executor and beneficiaries, the breakdown of relations would lead to difficulty if not impossibility in completing administration; the court removed Jimmy (and precluded Eileen acting) and appointed a sole independent administrator without determining merits of the EWB litigations because removal is justified to secure due and proper administration under s33(3).

Citation
[2023] HKCFI 3120
Parties
Plaintiff / 1st Defendant: Ang Jimmy Tjun Min; 1st Defendant / 2nd Defendant: Ang Eileen; 2nd Defendant / Plaintiff: Tjiang Giok Moy; Deceased/estate: Estate of Ang Tiong Loi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2023
Case Number
HCMP94/2022
Procedural Posture
Probate and Administration — Applications to Remove Executors / Hearing and Judgment on Applications (final Determination of Removal and Appointment of Administrator)
Outcome
Application granted in part: 1st defendant in HCMP 322/2022 removed as executor; 1st defendant in HCMP 94/2022 precluded from acting as executrix; court to appoint a sole independent administrator; costs orders nisi made.
Legal Topics
Removal of Executor Under S33(3) PAO, Conflict of Interest of Personal Representatives, Breakdown of Relations Affecting Administration, Beddoe Order/double Probate, Costs Orders
Source Language
EN
Probate Trusts Succession Civil Procedure Removal of Executor Under S33(3) PAO Conflict of Interest of Personal Representatives Breakdown of Relations Affecting Administration Beddoe Order/double Probate +1 more

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Parties

Ang Jimmy Tjun Min

Plaintiff / 1st Defendant

Ang Eileen

1st Defendant / 2nd Defendant

Tjiang Giok Moy

2nd Defendant / Plaintiff

Estate of Ang Tiong Loi

Deceased/estate

Procedural Posture

Probate and Administration — Applications to Remove Executors / Hearing and Judgment on Applications (final Determination of Removal and Appointment of Administrator)

Legal Issues

  1. 1 Whether the executor should be removed under section 33(3) of the Probate and Administration Ordinance
  2. 2 Whether conflict of interest and breakdown of relations render administration difficult or impossible
  3. 3 Whether court must assess merits of proposed or ongoing litigations (EWB Shares) when deciding removal

Ratio Decidendi

Given the entrenched conflict of interests, mutual mistrust and multiplicity of litigations between the executor and beneficiaries, the breakdown of relations would lead to difficulty if not impossibility in completing administration; the court removed Jimmy (and precluded Eileen acting) and appointed a sole independent administrator without determining merits of the EWB litigations because removal is justified to secure due and proper administration under s33(3).

Court Disposition

Application granted in part: 1st defendant in HCMP 322/2022 removed as executor; 1st defendant in HCMP 94/2022 precluded from acting as executrix; court to appoint a sole independent administrator; costs orders nisi made.

Orders

  • HCMP 322/2022: the 1st defendant is removed as the executor of the Estate
  • HCMP 322/2022: a sole administrator to be appointed by the Court as administrator of the Estate