RE TANG MOA KIU, as administratrix of the estate of CHEUNG PUN LOI, Deceased

RE TANG MOA KIU, as administratrix of the estate of CHEUNG PUN LOI, Deceased

The court was satisfied the trustee in possession (the deceased mother) had died and there was no personal representative within the meaning of s.45(e) Trustee Ordinance; accordingly it was appropriate to vest the entire legal and beneficial interest in the 1/2 share of Lot 554A in the administratrix so she can administer it as part of the deceased's estate.

Citation
[2023] HKCFI 2692
Parties
Applicant (administratrix of the Estate of CHEUNG PUN Loi, Deceased): TANG MOA KIU (鄧茂嬌); Deceased: CHEUNG PUN LOI (張盤來); Former Trustee (deceased): CHEUNG SUNG Shi (宋嬌); Interested Party (beneficiary; Indicated He Did Not Wish to Join the Application): CHEUNG Ma Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 2023
Case Number
HCMP1481/2023
Procedural Posture
Vesting Application Under Trustee Ordinance (s.45) / Hearing in Chambers; Judgment and Reasons for Judgment
Outcome
Vesting order granted under s.45(e) Trustee Ordinance: entire legal and beneficial interest of and in 1/2 share of Lot 554A vested in the Applicant as administratrix; no order as to costs.
Legal Topics
Vesting Order, Trustee Ordinance S.45, Letters of Administration, Conveyance of Beneficial Interest
Source Language
EN
Trusts Probate Property Vesting Order Trustee Ordinance S.45 Letters of Administration Conveyance of Beneficial Interest

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Parties

TANG MOA KIU (鄧茂嬌)

Applicant (administratrix of the Estate of CHEUNG PUN Loi, Deceased)

CHEUNG PUN LOI (張盤來)

Deceased

CHEUNG SUNG Shi (宋嬌)

Former Trustee (deceased)

CHEUNG Ma Chung

Interested Party (beneficiary; Indicated He Did Not Wish to Join the Application)

Procedural Posture

Vesting Application Under Trustee Ordinance (s.45) / Hearing in Chambers; Judgment and Reasons for Judgment

Legal Issues

  1. 1 Whether the court may make a vesting order under s.45(e) Trustee Ordinance where the trustee in possession has died and there is no personal representative
  2. 2 Whether the 1/2 share of Lot 554A should be vested in the administratrix to permit administration as part of the deceased's estate
  3. 3 Whether any objection by an interested beneficiary prevents the making of the vesting order

Ratio Decidendi

The court was satisfied the trustee in possession (the deceased mother) had died and there was no personal representative within the meaning of s.45(e) Trustee Ordinance; accordingly it was appropriate to vest the entire legal and beneficial interest in the 1/2 share of Lot 554A in the administratrix so she can administer it as part of the deceased's estate.

Court Disposition

Vesting order granted under s.45(e) Trustee Ordinance: entire legal and beneficial interest of and in 1/2 share of Lot 554A vested in the Applicant as administratrix; no order as to costs.

Orders

  • Order under s.45(e) Trustee Ordinance vesting the entire legal and beneficial interest of and in 1/2 share of Lot 554A in the Applicant, TANG MOA KIU, as administratrix, to administer as part of the deceased's estate
  • No order as to costs