RE LI WING PING AND ANOTHER

RE LI WING PING AND ANOTHER

On the evidence the trustees named in the 1962 assignment were deceased with no personal representatives, it was impracticable to obtain grants of administration, the applicants were the beneficial owners and there was minimal risk of competing claims; accordingly the court exercised its discretion under s45(1)(e) of the Trustee Ordinance to vest the legal interest in the applicants.

Citation
[2019] HKCFI 1478
Parties
1st Applicant: Li Wing Ping; 2nd Applicant: Yuen Siu Mau (sole administratrix of the estate of Lee Wing Tak, deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2019
Case Number
HCMP532/2019
Procedural Posture
Vesting Order Under Trustee Ordinance / Decision (ex Parte Hearing and Decision 21 May 2019)
Outcome
Order made vesting the legal interest in the property in the applicants under s45 Trustee Ordinance; no order as to costs.
Legal Topics
Vesting Order, Trustee Ordinance S45, Administration of Deceased Trustee, Ex Parte Application, Urban Renewal Acquisition
Source Language
EN
Trusts Property Probate Civil Procedure Vesting Order Trustee Ordinance S45 Administration of Deceased Trustee Ex Parte Application +1 more

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Parties

Li Wing Ping

1st Applicant

Yuen Siu Mau (sole administratrix of the estate of Lee Wing Tak, deceased)

2nd Applicant

Procedural Posture

Vesting Order Under Trustee Ordinance / Decision (ex Parte Hearing and Decision 21 May 2019)

Legal Issues

  1. 1 Whether the court should vest legal title in the applicants under s45 Trustee Ordinance where the trustees are deceased and there is no personal representative
  2. 2 Whether it is practicable for the applicants to obtain grants of administration of the deceased trustees' estates
  3. 3 Whether the application could properly proceed ex parte given the risk of competing claimants

Ratio Decidendi

On the evidence the trustees named in the 1962 assignment were deceased with no personal representatives, it was impracticable to obtain grants of administration, the applicants were the beneficial owners and there was minimal risk of competing claims; accordingly the court exercised its discretion under s45(1)(e) of the Trustee Ordinance to vest the legal interest in the applicants.

Court Disposition

Order made vesting the legal interest in the property in the applicants under s45 Trustee Ordinance; no order as to costs.

Orders

  • Order vesting the legal interest in the property in the applicants in terms of paragraphs (1) and (2) of the originating summons
  • No order as to costs (ex parte application)