RE WONG DUEN YUEN

RE WONG DUEN YUEN

The Court has statutory power under section 45(e) of the Trustee Ordinance to make a vesting order where a deceased trustee has no personal representative and the facts (trust assignment to father while applicant was a minor and father's death without probate) satisfy the criteria; accordingly a vesting order in favour of the applicant is appropriate and the application may proceed ex parte.

Citation
[2018] HKCFI 2227
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2018
Case Number
HCMP1060/2018
Procedural Posture
Vesting Order Under Trustee Ordinance S45 / Ex Parte Originating Summons for Vesting Order
Outcome
Vesting order granted in terms of paragraph 1 of the originating summons; no order as to costs.
Legal Topics
Vesting Order, Trusteeship, Absence of Personal Representative, Ex Parte Procedure
Source Language
EN
Trusts Property Probate Vesting Order Trusteeship Absence of Personal Representative Ex Parte Procedure

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Procedural Posture

Vesting Order Under Trustee Ordinance S45 / Ex Parte Originating Summons for Vesting Order

Legal Issues

  1. 1 Whether the Court can make a vesting order under section 45(e) of the Trustee Ordinance where the deceased trustee has no personal representative
  2. 2 Whether the application may properly proceed ex parte when there is no one to be served
  3. 3 Whether the applicant is entitled to the beneficial interest held by the deceased trustee

Ratio Decidendi

The Court has statutory power under section 45(e) of the Trustee Ordinance to make a vesting order where a deceased trustee has no personal representative and the facts (trust assignment to father while applicant was a minor and father's death without probate) satisfy the criteria; accordingly a vesting order in favour of the applicant is appropriate and the application may proceed ex parte.

Court Disposition

Vesting order granted in terms of paragraph 1 of the originating summons; no order as to costs.

Orders

  • Vesting order granted in terms of paragraph 1 of the originating summons in respect of the Property in favour of the applicant
  • No order as to costs