RE LEUNG HUNG NIM (梁洪念) as the Administrator of the estate of LEUNG YUE SIN (梁如羡) alias ARTURO LEON alias ARTURO LEON NUY, Deceased

RE LEUNG HUNG NIM (梁洪念) as the Administrator of the estate of LEUNG YUE SIN (梁如羡) alias ARTURO LEON alias ARTURO LEON NUY, Deceased

Applicant failed to prove the pivotal factual proposition that the deceased had died before the assignment dated 16 March 1968; on the face of the assignment and corroborating indicia (execution before a solicitor, passport identity check, Chinese signature, and stamp duty chop) it was more probable that the assignment was valid; the Mexico death certificate and witness affidavits were insufficiently reliable to overturn that inference; therefore no entitlement to vesting order and OS dismissed.

Citation
[2020] HKCFI 551
Parties
Applicant (administrator of Estate of Leung Yue Sin): Leung Hung Nim; Deceased: Leung Yue Sin aka Arturo Leon aka Arturo Leon Nuy; Vendors/assignors: Tang Hok Chau and Tong Fung Moon
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2020
Case Number
HCMP65/2020
Procedural Posture
Trusteeship/property Vesting Order Under Trustee Ordinance / Ex Parte Originating Summons Determined on Paper; Decision Issued
Outcome
Originating summons dismissed
Legal Topics
Vesting Order, Administrator of Estate, Validity of Assignment/conveyance, Evidence of Death, Registrar Conveyance (s.51)
Source Language
EN
Trusts Property Succession Civil Procedure Vesting Order Administrator of Estate Validity of Assignment/conveyance Evidence of Death +1 more

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Parties

Leung Hung Nim

Applicant (administrator of Estate of Leung Yue Sin)

Leung Yue Sin aka Arturo Leon aka Arturo Leon Nuy

Deceased

Tang Hok Chau and Tong Fung Moon

Vendors/assignors

Procedural Posture

Trusteeship/property Vesting Order Under Trustee Ordinance / Ex Parte Originating Summons Determined on Paper; Decision Issued

Legal Issues

  1. 1 Whether the deceased had died before execution of the 16 March 1968 assignment
  2. 2 Whether the assignment conveyed title or was void for benefit to a dead person
  3. 3 Whether the applicant is entitled to a vesting order under s.45 Trustee Ordinance or appointment of the Registrar under s.51

Ratio Decidendi

Applicant failed to prove the pivotal factual proposition that the deceased had died before the assignment dated 16 March 1968; on the face of the assignment and corroborating indicia (execution before a solicitor, passport identity check, Chinese signature, and stamp duty chop) it was more probable that the assignment was valid; the Mexico death certificate and witness affidavits were insufficiently reliable to overturn that inference; therefore no entitlement to vesting order and OS dismissed.

Court Disposition

Originating summons dismissed

Orders

  • Originating summons dismissed
  • No order as to costs