RE WONG SHU SUN

RE WONG SHU SUN

Where a trustee died without vesting the legal title and there is no personal representative, the court has jurisdiction under s.45(e) Trustee Ordinance to vest the land in the beneficiary; accordingly the court ordered the legal and beneficial interest in Lot No.308 to vest in the applicant and removed the deceased trustee from the register.

Citation
[2024] HKCFI 2617
Parties
Applicant/beneficiary: Wong Shu Sun; Trustee (deceased) / Respondent: Wong Kwai (黃貴)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2024
Case Number
HCMP1626/2024
Procedural Posture
Trust Vesting Application Under Trustee Ordinance (s.45) / Miscellaneous Proceedings / Ex Parte Originating Summons Heard and Decided at First Instance (reasons for Decision)
Outcome
Application granted in terms of paragraphs 1, 2 and 4 of the originating summons: the legal and beneficial interest in Lot No.308 vested in the applicant and the registered trustee, Wong Kwai, was removed.
Legal Topics
Vesting Order, Removal of Trustee, Appointment of Trustee for a Minor, Section 45 Trustee Ordinance
Source Language
EN
Trusts Property Law Probate Equity Vesting Order Removal of Trustee Appointment of Trustee for a Minor Section 45 Trustee Ordinance

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Parties

Wong Shu Sun

Applicant/beneficiary

Wong Kwai (黃貴)

Trustee (deceased) / Respondent

Procedural Posture

Trust Vesting Application Under Trustee Ordinance (s.45) / Miscellaneous Proceedings / Ex Parte Originating Summons Heard and Decided at First Instance (reasons for Decision)

Legal Issues

  1. 1 Whether the court may vest legal and beneficial title in the beneficiary where the trustee is deceased and there is no personal representative
  2. 2 Whether a vesting order and removal of the registered trustee is appropriate where the trustee died without vesting the legal interest back to the beneficiary
  3. 3 Effect of the New Territories appointment of trustee for a minor and the continuing registration of that trustee in the Land Registry

Ratio Decidendi

Where a trustee died without vesting the legal title and there is no personal representative, the court has jurisdiction under s.45(e) Trustee Ordinance to vest the land in the beneficiary; accordingly the court ordered the legal and beneficial interest in Lot No.308 to vest in the applicant and removed the deceased trustee from the register.

Court Disposition

Application granted in terms of paragraphs 1, 2 and 4 of the originating summons: the legal and beneficial interest in Lot No.308 vested in the applicant and the registered trustee, Wong Kwai, was removed.

Orders

  • The legal and beneficial interest in Lot No.308 in Demarcation District No.385, Tuen Mun, New Territories, together with the messuages, erections and buildings thereon, is vested in the Applicant, Wong Shu Sun, absolutely.
  • Wong Kwai (deceased) is removed as trustee of the Property; the Registrar/appropriate authority to take necessary steps to record the vesting and removal in the Land Registry.