Re Lung Yeuk Tau Siu Hang Lot No. 9 in Demarcation District No. 83

Re Lung Yeuk Tau Siu Hang Lot No. 9 in Demarcation District No. 83

Because the trustee died intestate in 1995 without letters of administration and the land in the Succession to Property memorial was shown by official correspondence to be the same as the subject title, the court concluded the statutory requirements of s.45(e) Trustee Ordinance were satisfied and ordered the property to vest absolutely in the applicant.

Citation
Re Lung Yeuk Tau Siu Hang Lot No. 9 in Demarcation District No. 83
Parties
Applicant / Plaintiff: Applicant (name not stated in judgment); Trustee (deceased): Madam Tang Lam Shi; No Administrator Appointed / Interested Estate: Estate of Madam Tang Lam Shi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2000
Case Number
HCMP3745/1999
Procedural Posture
Originating Summons Under Trustee Ordinance (vesting of Trust Property) / Application Heard and Determined on 14 April 2000 (judgment in Chambers)
Outcome
Order granted. Property vested in Applicant absolutely for entire legal and beneficial estate.
Legal Topics
Vesting of Trust Property, Succession to Property, Intestacy and Absence of Letters of Administration, Identification of Land by Memorial and Land Registry
Source Language
EN
Trusts Property Probate Equity Vesting of Trust Property Succession to Property Intestacy and Absence of Letters of Administration Identification of Land by Memorial and Land Registry

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Parties

Applicant (name not stated in judgment)

Applicant / Plaintiff

Madam Tang Lam Shi

Trustee (deceased)

Estate of Madam Tang Lam Shi

No Administrator Appointed / Interested Estate

Procedural Posture

Originating Summons Under Trustee Ordinance (vesting of Trust Property) / Application Heard and Determined on 14 April 2000 (judgment in Chambers)

Legal Issues

  1. 1 Whether the court should order the legal and beneficial estate in the specified New Territories lot to vest in the applicant under section 45(e) of the Trustee Ordinance
  2. 2 Whether the identity of the property was sufficiently established despite discrepancies in the Succession to Property memorial
  3. 3 Whether absence of will and absence of letters of administration prevents vesting order

Ratio Decidendi

Because the trustee died intestate in 1995 without letters of administration and the land in the Succession to Property memorial was shown by official correspondence to be the same as the subject title, the court concluded the statutory requirements of s.45(e) Trustee Ordinance were satisfied and ordered the property to vest absolutely in the applicant.

Court Disposition

Order granted. Property vested in Applicant absolutely for entire legal and beneficial estate.

Orders

  • The piece or parcel of ground situate at North, New Territories, Hong Kong registered as Lung Yeuk Tau Siu Hang Lot No. 9 in Demarcation District No. 83 shall vest in the Applicant absolutely for the entire legal and beneficial estate under section 45(e) of the Trustee Ordinance