RE LAU HANG MUI as the administratrix of the estate of TANG SHUI YUNG AND ANOTHER

RE LAU HANG MUI as the administratrix of the estate of TANG SHUI YUNG AND ANOTHER

Documentary evidence established an express trust in favour of the applicants and the trustee died with no personal representative; accordingly the court exercised its discretion under section 45(e) to make a vesting order vesting the properties in the applicants as tenants-in-common in equal shares, and the vesting order effected the termination of the trust without need to remove the trustee.

Citation
[2021] HKCFI 182
Parties
1st Applicant; Administratrix of the Estate of Tang Shui Yung (deceased): Lau Hang Mui; 2nd Applicant: Tang Fuk Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 January 2021
Case Number
HCMP2217/2020
Procedural Posture
Vesting Order Under Trustee Ordinance (cap 29) / Ex Parte Originating Summons; Decision on Application
Outcome
Vesting order granted; properties vested in applicants as tenants-in-common in equal shares; trustee not removed; no order as to costs.
Legal Topics
Vesting Order, Express Trust, Removal of Trustee, Ex Parte Procedure
Source Language
EN
Trusts Property Probate Vesting Order Express Trust Removal of Trustee Ex Parte Procedure

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Parties

Lau Hang Mui

1st Applicant; Administratrix of the Estate of Tang Shui Yung (deceased)

Tang Fuk Cheung

2nd Applicant

Procedural Posture

Vesting Order Under Trustee Ordinance (cap 29) / Ex Parte Originating Summons; Decision on Application

Legal Issues

  1. 1 Whether the mother held the three plots on express trust for the applicants
  2. 2 Whether section 45(e) Trustee Ordinance applies where trustee died with no personal representative
  3. 3 Whether the court should exercise its discretion to make a vesting order

Ratio Decidendi

Documentary evidence established an express trust in favour of the applicants and the trustee died with no personal representative; accordingly the court exercised its discretion under section 45(e) to make a vesting order vesting the properties in the applicants as tenants-in-common in equal shares, and the vesting order effected the termination of the trust without need to remove the trustee.

Court Disposition

Vesting order granted; properties vested in applicants as tenants-in-common in equal shares; trustee not removed; no order as to costs.

Orders

  • The three plots of land (Lot No.311, Lot No.987 and the Remaining Portion of Section A of Lot No.620 in Demarcation District No.103) vest in the applicants absolutely as tenants-in-common in equal share for the entire legal and beneficial estate and interest of and in the land.
  • No order is made removing the mother as trustee.