RE CHEUNG PO ON

RE CHEUNG PO ON

Given the trustee died without any personal representative and the applicant is the clear beneficiary, the court exercised its statutory power under s45 Trustee Ordinance to grant a vesting order on an ex parte originating summons and vested the property absolutely in the applicant.

Citation
RE CHEUNG PO ON
Parties
Applicant/beneficiary: Cheung Po On; Deceased Trustee: Cheung Ah Sang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2013
Case Number
HCMP257/2013
Procedural Posture
Miscellaneous Proceedings (hcmp 257/2013) Under Section 45 Trustee Ordinance / Decision on Ex Parte Originating Summons
Outcome
Vesting order made in favour of the applicant, Cheung Po On
Legal Topics
Vesting Order, Deceased Trustee, Section 45 Trustee Ordinance, Appointment of Trustee Under New Territories Ordinance
Source Language
EN
Trusts Property Probate New Territories Land Law Equity Vesting Order Deceased Trustee Section 45 Trustee Ordinance +1 more

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Parties

Cheung Po On

Applicant/beneficiary

Cheung Ah Sang

Deceased Trustee

Procedural Posture

Miscellaneous Proceedings (hcmp 257/2013) Under Section 45 Trustee Ordinance / Decision on Ex Parte Originating Summons

Legal Issues

  1. 1 Whether the court should make a vesting order under s45 Trustee Ordinance where a trustee has died and no personal representative exists or is ascertainable
  2. 2 Whether an ex parte originating summons is an appropriate procedure to obtain a vesting order in these circumstances
  3. 3 Whether the beneficiary is entitled to the legal and beneficial estate on vesting

Ratio Decidendi

Given the trustee died without any personal representative and the applicant is the clear beneficiary, the court exercised its statutory power under s45 Trustee Ordinance to grant a vesting order on an ex parte originating summons and vested the property absolutely in the applicant.

Court Disposition

Vesting order made in favour of the applicant, Cheung Po On

Orders

  • There shall be an order in terms of the originating summons vesting the property (Sub-Section 1 of Section A of Lot No. 554, Demarcation District 100; 6 Tsiu Keng San Wai, North, New Territories) absolutely in the applicant.