RE LAND REGISTRY AS LOT NO. 1771, LOT NO. 1772, SECTION C OF LOT NO. 1773, AND TAN CHUK HANG LOT NO. 59 ALL IN DEMARCATION DISTRICT NO 76

RE LAND REGISTRY AS LOT NO. 1771, LOT NO. 1772, SECTION C OF LOT NO. 1773, AND TAN CHUK HANG LOT NO. 59 ALL IN DEMARCATION DISTRICT NO 76

Given the applicant's existing beneficial title by assignment, the apparent lapse of the trust on the beneficiary attaining majority, the consents of interested parties and the applicant's undertaking to file affidavit evidence of consent, the court exercised its discretion under s45 Trustee Ordinance to vest the one-half legal interest held on trust in the applicant absolutely.

Citation
RE LAND REGISTRY AS LOT NO. 1771, LOT NO. 1772, SECTION C OF LOT NO. 1773, AND TAN CHUK HANG LOT NO. 59 ALL IN DEMARCATION DISTRICT NO 76
Parties
Applicant (administratrix of Cheung Kam Fan): Applicant (wife of Cheung Kam Fan); Respondent (estate Holding Legal Title on Trust): Estate of Cheung Ng Shi (deceased); Interested Party (assignor/administrator): Cheung Sui Kwan (administrator of Cheung Chan Shi); Interested Party (assignee/beneficiary): Cheung Kwai Yuen; Interested Party (assignee/beneficiary): Cheung Man Kin; Interested Party (assignee/beneficiary): Cheung Chun Yuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2007
Case Number
HCMP1553/2007
Procedural Posture
Trust Vesting Application Under Trustee Ordinance (cap.29) S45 / Originating Summons; Judgment in Chambers (final Disposition)
Outcome
Application granted; one-half legal interest vested absolutely in applicant; no order as to costs.
Legal Topics
Vesting Order, Removal of Trustee, Beneficial Vs Legal Title, Assignment of Interests, Letters of Administration
Source Language
EN
Trusts Property Succession Vesting Order Removal of Trustee Beneficial Vs Legal Title Assignment of Interests Letters of Administration

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Parties

Applicant (wife of Cheung Kam Fan)

Applicant (administratrix of Cheung Kam Fan)

Estate of Cheung Ng Shi (deceased)

Respondent (estate Holding Legal Title on Trust)

Cheung Sui Kwan (administrator of Cheung Chan Shi)

Interested Party (assignor/administrator)

Cheung Kwai Yuen

Interested Party (assignee/beneficiary)

Cheung Man Kin

Interested Party (assignee/beneficiary)

Cheung Chun Yuen

Interested Party (assignee/beneficiary)

Procedural Posture

Trust Vesting Application Under Trustee Ordinance (cap.29) S45 / Originating Summons; Judgment in Chambers (final Disposition)

Legal Issues

  1. 1 Whether the court should make a vesting order under s45 of the Trustee Ordinance to vest the remaining half legal interest in the applicant
  2. 2 Whether the trust in favour of the deceased trustee had lapsed on the beneficiary attaining majority such that the trustee should have been removed and legal title re-assigned
  3. 3 Whether the lack of documentary evidence as to dates of birth and death or probate prevented granting the vesting order

Ratio Decidendi

Given the applicant's existing beneficial title by assignment, the apparent lapse of the trust on the beneficiary attaining majority, the consents of interested parties and the applicant's undertaking to file affidavit evidence of consent, the court exercised its discretion under s45 Trustee Ordinance to vest the one-half legal interest held on trust in the applicant absolutely.

Court Disposition

Application granted; one-half legal interest vested absolutely in applicant; no order as to costs.

Orders

  • The one-half legal interest in the Properties held by Cheung Ng Shi, deceased on trust for Cheung In Fan, deceased shall be vested absolutely in the applicant.
  • No order as to costs.