Re Sheung Shui Lot No.330 and 341 in Demarcation District No.52, Sheung Shui, New Territories

Re Sheung Shui Lot No.330 and 341 in Demarcation District No.52, Sheung Shui, New Territories

Where trust property remains registered in the name of a deceased trustee and the beneficiary has died leaving an administrator, the court will, pursuant to sections 45 and 46 of the Trustee Ordinance, vest the property in the administrator; a full hearing is unnecessary where the facts are clear and the application is uncontested.

Citation
Re Sheung Shui Lot No.330 and 341 in Demarcation District No.52, Sheung Shui, New Territories
Parties
Applicant / Administrator of the Estate of Liu Tam Kwai: Liu Wai Yip; Beneficiary (deceased): Liu Tam Kwai; Trustee (deceased): Liu Ling Shi (also known as Liu Ling Chung)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2001
Case Number
HCMP175/2001
Procedural Posture
Application Under Trustee Ordinance (ss.45 46) for Vesting of Land / Chambers Application and Judgment in Chambers (no Full Hearing)
Outcome
Order granted.
Legal Topics
Vesting of Trust Property, Death of Trustee, Administration of Beneficiary's Estate, Section 45 and 46 Trustee Ordinance
Source Language
EN
Trusts Property Probate Land Registration Equity Vesting of Trust Property Death of Trustee Administration of Beneficiary's Estate +1 more

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Parties

Liu Wai Yip

Applicant / Administrator of the Estate of Liu Tam Kwai

Liu Tam Kwai

Beneficiary (deceased)

Liu Ling Shi (also known as Liu Ling Chung)

Trustee (deceased)

Procedural Posture

Application Under Trustee Ordinance (ss.45 46) for Vesting of Land / Chambers Application and Judgment in Chambers (no Full Hearing)

Legal Issues

  1. 1 Whether land registered in name of a deceased trustee can be vested in the administrator of the deceased beneficiary's estate under ss.45-46 Trustee Ordinance
  2. 2 Whether a full hearing was necessary or the matter could be determined in chambers on the papers

Ratio Decidendi

Where trust property remains registered in the name of a deceased trustee and the beneficiary has died leaving an administrator, the court will, pursuant to sections 45 and 46 of the Trustee Ordinance, vest the property in the administrator; a full hearing is unnecessary where the facts are clear and the application is uncontested.

Court Disposition

Order granted.

Orders

  • Sheung Shui Lot No.330 in Demarcation District No.52 and Section B of Sheung Shui Lot No.341 in Demarcation District No.52, registered in the North New Territories Land Registry in the name of Liu Ling Shi, now deceased, as Trustee of Liu Tam Kwai, be vested in the name of the Applicant Liu Wai Yip as the...