RE YAU WONG YAN AND OTHERS

RE YAU WONG YAN AND OTHERS

The court was satisfied that the applicants are the entitled beneficiaries, that the trustee (Lam Kiu) held legal title only and is deceased with no probate or administrator and no one to be served, and therefore a vesting order under s.45 Trustee Ordinance should remove the trustee and vest the legal estate of the half share in the applicants as tenants in common in equal shares.

Citation
RE YAU WONG YAN AND OTHERS
Parties
Applicants (beneficiaries): Four applicants (sons of Yau Hing and Lam Kiu); Respondent; Legal Trustee of Half Share (deceased): Lam Kiu; Co Owner (beneficial Owner of Other Half Share): Yau Yan; Co Owner (beneficial Owner of Other Half Share): Yau Moon Yan; Co Owner (beneficial Owner of Other Half Share): Yau Sang; Co Owner (beneficial Owner of Other Half Share): Yau Fuk
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2014
Case Number
HCMP3338/2013
Procedural Posture
Vesting Order Application Under Trustee Ordinance / Ex Parte Originating Summons; Reasons for Judgment Handed Down
Outcome
Vesting order granted. Trustee removed and legal estate of the half share vested in the applicants as tenants in common in equal shares; no order as to costs.
Legal Topics
Vesting Order, Removal of Trustee, Succession to Property, Land Registry Title Vesting
Source Language
EN
Trusts Succession Property Law Probate/administration Vesting Order Removal of Trustee Succession to Property Land Registry Title Vesting

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Parties

Four applicants (sons of Yau Hing and Lam Kiu)

Applicants (beneficiaries)

Lam Kiu

Respondent; Legal Trustee of Half Share (deceased)

Yau Yan

Co Owner (beneficial Owner of Other Half Share)

Yau Moon Yan

Co Owner (beneficial Owner of Other Half Share)

Yau Sang

Co Owner (beneficial Owner of Other Half Share)

Yau Fuk

Co Owner (beneficial Owner of Other Half Share)

Procedural Posture

Vesting Order Application Under Trustee Ordinance / Ex Parte Originating Summons; Reasons for Judgment Handed Down

Legal Issues

  1. 1 Whether a vesting order under section 45 Trustee Ordinance should be made to remove a deceased trustee and vest legal title in beneficiaries
  2. 2 Whether there is any executor or administrator or other person to be served such that ex parte proceedings are inappropriate
  3. 3 Whether the applicants are sui juris beneficiaries entitled to the half share by virtue of the 6 May 1965 succession document

Ratio Decidendi

The court was satisfied that the applicants are the entitled beneficiaries, that the trustee (Lam Kiu) held legal title only and is deceased with no probate or administrator and no one to be served, and therefore a vesting order under s.45 Trustee Ordinance should remove the trustee and vest the legal estate of the half share in the applicants as tenants in common in equal shares.

Court Disposition

Vesting order granted. Trustee removed and legal estate of the half share vested in the applicants as tenants in common in equal shares; no order as to costs.

Orders

  • Remove Lam Kiu as trustee in respect of the Properties
  • The legal estate and interest of Lam Kiu in the Properties (being half share) vested in the applicants as tenants in common in equal shares absolutely