RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

The Court, applying section 45(e) of the Trustee Ordinance, found that because there was no personal representative of the deceased trustee and the applicant held Letters of Administration, it was appropriate to vest the entire legal and beneficial estate and interest in the property in the applicant to enable proper administration of the deceased's estate.

Citation
[2022] HKCFI 2964
Parties
Deceased: Chau Kin Lung; Third Party Appearing in Land Records: Chow Ma Fat
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2022
Case Number
HCMP1009/2022
Procedural Posture
Miscellaneous Proceedings (vesting Order Under Trustee Ordinance) / Decision / Order
Outcome
Vesting order granted in favour of the applicant; no order as to costs.
Legal Topics
Vesting Order, Trustee Ordinance S45, Administration of Deceased's Estate, Letters of Administration
Source Language
EN
Trusts and Estates Property Law Vesting Order Trustee Ordinance S45 Administration of Deceased's Estate Letters of Administration

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Parties

Chau Kin Lung

Deceased

Chow Ma Fat

Third Party Appearing in Land Records

Procedural Posture

Miscellaneous Proceedings (vesting Order Under Trustee Ordinance) / Decision / Order

Legal Issues

  1. 1 Whether the Court should exercise its power under section 45(e) of the Trustee Ordinance to vest land in the applicant where there is no personal representative of a deceased trustee entitled to or possessed of any interest in land
  2. 2 Whether the applicant is the proper person to be vested with the legal and beneficial estate so that the estate of the deceased can be administered
  3. 3 Whether any competing title or transfer (notably acquisition by Chow Ma Fat) prevents the vesting order

Ratio Decidendi

The Court, applying section 45(e) of the Trustee Ordinance, found that because there was no personal representative of the deceased trustee and the applicant held Letters of Administration, it was appropriate to vest the entire legal and beneficial estate and interest in the property in the applicant to enable proper administration of the deceased's estate.

Court Disposition

Vesting order granted in favour of the applicant; no order as to costs.

Orders

  • The entire legal and beneficial estate and interest in the Property (Sub-Section 1 of Section B of Lot No.134 in Demarcation District No.147) is vested in the applicant absolutely.
  • No order as to costs of this application.