THOSE PIECES AND PARCELS OF GROUND SITUATE, LYING AND BEING AT YUEN LONG, NEW TERRITORIES HONG KONG AND REGISTERED IN THE LAND REGISTRY AS LOT NOS. 1331 AND 1333 IN DEMARCATION DISTRICT NO. 129 (“ THE LOTS”)

THOSE PIECES AND PARCELS OF GROUND SITUATE, LYING AND BEING AT YUEN LONG, NEW TERRITORIES HONG KONG AND REGISTERED IN THE LAND REGISTRY AS LOT NOS. 1331 AND 1333 IN DEMARCATION DISTRICT NO. 129 (“ THE LOTS”)

The court granted the vesting order because the applicant, as administratrix with Letters of Administration, was authorized to administer her late husband's beneficial interest in the Lots, the trustee was deceased and no personal representative of the deceased trustee could be identified, and the court was satisfied on the evidence that vesting the estates and interests in the applicant was appropriate.

Citation
THOSE PIECES AND PARCELS OF GROUND SITUATE, LYING AND BEING AT YUEN LONG, NEW TERRITORIES HONG KONG AND REGISTERED IN THE LAND REGISTRY AS LOT NOS. 1331 AND 1333 IN DEMARCATION DISTRICT NO. 129 (“ THE LOTS”)
Parties
Applicant/administratrix: Applicant (administratrix of the estate of her late husband); Deceased Trustee: Cheung Shu Yung; Deceased Beneficial Owner: Late husband (name not stated); Property Subject to Vesting: Lot Nos. 1331 and 1333 in Demarcation District No. 129, Yuen Long, New Territories
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 January 2007
Case Number
HCMP2602/2006
Procedural Posture
Application for Vesting Order Under Section 45(e) of the Trustee Ordinance (cap.29) / Hearing and Judgment (application Determined)
Outcome
Vesting order granted; estates and interests vested and to be registered absolutely in the name of the applicant as administratrix
Legal Topics
Vesting Order, Letters of Administration, Administration of Deceased's Estate, Personal Representative
Source Language
EN
Trusts and Trustees Probate Land Law Property Vesting Order Letters of Administration Administration of Deceased's Estate Personal Representative

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Parties

Applicant (administratrix of the estate of her late husband)

Applicant/administratrix

Cheung Shu Yung

Deceased Trustee

Late husband (name not stated)

Deceased Beneficial Owner

Lot Nos. 1331 and 1333 in Demarcation District No. 129, Yuen Long, New Territories

Property Subject to Vesting

Procedural Posture

Application for Vesting Order Under Section 45(e) of the Trustee Ordinance (cap.29) / Hearing and Judgment (application Determined)

Legal Issues

  1. 1 Whether a vesting order under s45(e) of the Trustee Ordinance should be made
  2. 2 Whether the applicant as administratrix is entitled to have the estates and interests vested in her despite the deceased trustee's death and absence of identified personal representative
  3. 3 Whether the applicant had authority to administer her late husband's beneficial interest in the Lots

Ratio Decidendi

The court granted the vesting order because the applicant, as administratrix with Letters of Administration, was authorized to administer her late husband's beneficial interest in the Lots, the trustee was deceased and no personal representative of the deceased trustee could be identified, and the court was satisfied on the evidence that vesting the estates and interests in the applicant was appropriate.

Court Disposition

Vesting order granted; estates and interests vested and to be registered absolutely in the name of the applicant as administratrix

Orders

  • All estates and interests held by the deceased trustee in Lot Nos. 1331 and 1333 in Demarcation District No. 129 be vested and registered absolutely in the name of the applicant as administratrix of the estate of her late husband.