RE CHAN KAM (ALSO SPELT AS KING) WAH

RE CHAN KAM (ALSO SPELT AS KING) WAH

The court will order vesting where the registered succession establishes the applicant as successor, no encumbrance appears on the registered memorial, and the named trustee holds only a trustee role with no beneficial interest; accordingly the trustee is removed and legal and beneficial title vests in the applicant.

Citation
RE CHAN KAM (ALSO SPELT AS KING) WAH
Parties
Applicant / Successor: Applicant (name not specified); Deceased / Original Owner Under 1st Succession: Chan Koon Sang; Trustee / Named Trustee Under 2nd Succession (respondent): Chan Mok San Kiu (Mok); Affirmant / Witness: Chan Tim Yau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2017
Case Number
HCMP1940/2017
Procedural Posture
Miscellaneous Proceedings (vesting Order) / Ex Parte Originating Summons (application for Vesting Order)
Outcome
Vesting order granted (trustee removed and properties vested in applicant)
Legal Topics
Vesting Order, Removal of Trustee, Succession Registration, Land Registry Memorials, Mortgage Encumbrance
Source Language
EN
Succession Land Law Trusts Civil Procedure Vesting Order Removal of Trustee Succession Registration Land Registry Memorials +1 more

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Parties

Applicant (name not specified)

Applicant / Successor

Chan Koon Sang

Deceased / Original Owner Under 1st Succession

Chan Mok San Kiu (Mok)

Trustee / Named Trustee Under 2nd Succession (respondent)

Chan Tim Yau

Affirmant / Witness

Procedural Posture

Miscellaneous Proceedings (vesting Order) / Ex Parte Originating Summons (application for Vesting Order)

Legal Issues

  1. 1 Whether the 2nd Succession validly vested the Properties in the applicant
  2. 2 Whether Mok holds any beneficial interest or is merely trustee
  3. 3 Whether an ex parte vesting order should be made to remove Mok as trustee and vest the Properties in the applicant

Ratio Decidendi

The court will order vesting where the registered succession establishes the applicant as successor, no encumbrance appears on the registered memorial, and the named trustee holds only a trustee role with no beneficial interest; accordingly the trustee is removed and legal and beneficial title vests in the applicant.

Court Disposition

Vesting order granted (trustee removed and properties vested in applicant)

Orders

  • Chan Mok San Kiu is removed as trustee of the Properties
  • The entire legal and beneficial estate and interest in the Properties vests in the applicant absolutely