RE ALL THAT PIECE OR PARCEL OF GROUND REGISTERED IN THE LAND REGISTRY AS SECTION F OF LOT NO. 434 IN DEMARCATION DISTRICT NO. 99 TOGETHER WITH THE MESSUAGES ERECTIONS AND BUILDINGS THEREON (NO. 135 CHAU TAU, YUEN LONG, NEW TERRITORIES)

RE ALL THAT PIECE OR PARCEL OF GROUND REGISTERED IN THE LAND REGISTRY AS SECTION F OF LOT NO. 434 IN DEMARCATION DISTRICT NO. 99 TOGETHER WITH THE MESSUAGES ERECTIONS AND BUILDINGS THEREON (NO. 135 CHAU TAU, YUEN LONG, NEW TERRITORIES)

A vesting order under section 45(e) Trustee Ordinance was appropriate and should be made in favour of the Applicant because the trustee of the legal estate is deceased, no grant of probate or letters of administration exists in respect of the trustee's estate, the Applicant holds letters of administration for the Deceased, and the court was satisfied an ex parte application was justified; accordingly the property is vested in the Applicant absolutely in terms of the draft order.

Citation
[2025] HKCFI 5790
Parties
Applicant (administrator of the Estate of Man Tin Bei): Mr Man Wai Ping; Deceased (beneficial Owner): Man Tin Bei; Trustee (deceased): Pang Chiu Lin (Madam Pang)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2025
Case Number
HCMP2111/2025
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (cap.29) S45 / Ex Parte Originating Summons; Determination in Chambers at First Instance
Outcome
Vesting order granted in favour of the Applicant
Legal Topics
Vesting Order, Trustee Death, Letters of Administration, Ex Parte Application
Source Language
EN
Trusts Probate and Succession Property Civil Procedure Vesting Order Trustee Death Letters of Administration Ex Parte Application

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Parties

Mr Man Wai Ping

Applicant (administrator of the Estate of Man Tin Bei)

Man Tin Bei

Deceased (beneficial Owner)

Pang Chiu Lin (Madam Pang)

Trustee (deceased)

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (cap.29) S45 / Ex Parte Originating Summons; Determination in Chambers at First Instance

Legal Issues

  1. 1 Whether a vesting order under section 45(e) Trustee Ordinance should be made
  2. 2 Whether an ex parte originating summons was appropriate given inability to serve the trustee
  3. 3 Whether removal of a trustee is necessary where the trustee is deceased

Ratio Decidendi

A vesting order under section 45(e) Trustee Ordinance was appropriate and should be made in favour of the Applicant because the trustee of the legal estate is deceased, no grant of probate or letters of administration exists in respect of the trustee's estate, the Applicant holds letters of administration for the Deceased, and the court was satisfied an ex parte application was justified; accordingly the property is vested in the Applicant absolutely in terms of the draft order.

Court Disposition

Vesting order granted in favour of the Applicant

Orders

  • Vesting order under section 45(e) of the Trustee Ordinance (Cap.29) to vest the said Property in the Applicant absolutely (order made in terms of paragraphs 1 and 3 of the draft order).
  • No order made for removal of Madam Pang as trustee given her death.