TJIANG GIOK MOY v. ANG JIMMY TJUN MIN, executor of the Estate of ANG TIONG LOI, deceased AND ANOTHER

TJIANG GIOK MOY v. ANG JIMMY TJUN MIN, executor of the Estate of ANG TIONG LOI, deceased AND ANOTHER

Given the entrenched breakdown of relations, the deep mistrust and active litigation between Jimmy and the other principal beneficiaries, and the clear risk that continued appointment of Jimmy would cause difficulty or impossibility in completing administration and generate further litigation, the court exercised...

Source-derived case information.

Citation
[2023] HKCFI 3120
Parties
Plaintiff (hcmp 94/2022); 1st Defendant and Proving Executor (hcmp 322/2022): Ang Jimmy Tjun Min; 1st Defendant (hcmp 94/2022); 2nd Defendant (hcmp 322/2022): Ang Eileen; 2nd Defendant (hcmp 94/2022); Plaintiff (hcmp 322/2022): Tjiang Giok Moy; Deceased: Ang Tiong Loi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2023
Case Number
HCMP322/2022
Procedural Posture
Probate/removal of Executors Under Probate and Administration Ordinance (cap 10) / Judgment (determination of Cross Applications to Remove Executors)
Outcome
Court removed the proving executor (Jimmy) and ordered that an independent sole administrator be appointed; the court ordered that Eileen shall not act as an executrix despite reserved power; costs orders nisi were made against the removed parties.
Legal Topics
Removal of Personal Representative Under S33(3) PAO, Conflict of Interest, Breakdown of Relations Between Executor and Beneficiaries, Appointment of Independent Administrator, Beddoe Order
Source Language
en
Probate Trusts Estate Administration Civil Procedure Succession Law Removal of Personal Representative Under S33(3) PAO Conflict of Interest Breakdown of Relations Between Executor and Beneficiaries +2 more

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Parties

Ang Jimmy Tjun Min

Plaintiff (hcmp 94/2022); 1st Defendant and Proving Executor (hcmp 322/2022)

Ang Eileen

1st Defendant (hcmp 94/2022); 2nd Defendant (hcmp 322/2022)

Tjiang Giok Moy

2nd Defendant (hcmp 94/2022); Plaintiff (hcmp 322/2022)

Ang Tiong Loi

Deceased

Procedural Posture

Probate/removal of Executors Under Probate and Administration Ordinance (cap 10) / Judgment (determination of Cross Applications to Remove Executors)

Legal Issues

  1. 1 Whether the executor (Jimmy) should be removed under section 33(3) of the Probate and Administration Ordinance
  2. 2 Whether breakdown of relationships and hostility between executor and beneficiaries hampers due and proper administration
  3. 3 Whether a conflict of interest exists requiring removal

Ratio Decidendi

Given the entrenched breakdown of relations, the deep mistrust and active litigation between Jimmy and the other principal beneficiaries, and the clear risk that continued appointment of Jimmy would cause difficulty or impossibility in completing administration and generate further litigation, the court exercised its wide discretion under s33(3) PAO to remove Jimmy as executor and to appoint an independent sole administrator; it also ordered that Eileen should not act as executrix despite reserved power to apply for double probate.

Court Disposition

Court removed the proving executor (Jimmy) and ordered that an independent sole administrator be appointed; the court ordered that Eileen shall not act as an executrix despite reserved power; costs orders nisi were made against the removed parties.

Orders

  • In HCMP 322/2022 the 1st defendant (Jimmy) is removed as the executor of the Estate.
  • A sole administrator is to be appointed by the court as the administrator of the Estate.