TSANG HING FUN, LAURENCE v. TSANG KAI FUN, PATRICK AS ADMINISTRATOR OF THE ESTATE OF TSANG LO OI WAH, AGNES, DECEASED

TSANG HING FUN, LAURENCE v. TSANG KAI FUN, PATRICK AS ADMINISTRATOR OF THE ESTATE OF TSANG LO OI WAH, AGNES, DECEASED

The Master held that under s56 P&A Ordinance the administrator must supply a final administration account verified by affidavit and allow inspection of supporting documents; absent evidential proof of mala administration interim accounts suffice and audited accounts are unnecessary as they would impose undue costs, therefore Patrick was ordered to deliver a final verified account within 28 days, make the final distribution then, and permit inspection of supporting documents within 14 days thereafter; each party to bear own costs (order nisi).

Citation
TSANG HING FUN, LAURENCE v. TSANG KAI FUN, PATRICK AS ADMINISTRATOR OF THE ESTATE OF TSANG LO OI WAH, AGNES, DECEASED
Parties
Plaintiff / Beneficiary: Laurence; Defendant / Administrator: Patrick (Tsang Kai Fun)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2012
Case Number
HCMP1588/2011
Procedural Posture
Probate and Administration (originating Summons) / Master's Hearing and Determination on Substantive Application
Outcome
Application allowed in part; orders made to compel accounting, disclosure and final distribution; costs reserved as each party to bear own costs (order nisi).
Legal Topics
Administration Account, Disclosure of Supporting Documents, Distribution of Estate, Letters of Administration, Costs
Source Language
EN
Probate Estate Administration Non Contentious Probate Civil Procedure Administration Account Disclosure of Supporting Documents Distribution of Estate Letters of Administration +1 more

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Parties

Laurence

Plaintiff / Beneficiary

Patrick (Tsang Kai Fun)

Defendant / Administrator

Procedural Posture

Probate and Administration (originating Summons) / Master's Hearing and Determination on Substantive Application

Legal Issues

  1. 1 Whether the administrator must produce a final administration account verified by affidavit
  2. 2 Whether the administrator must allow inspection of supporting documents for the account
  3. 3 Whether audited accounts are required

Ratio Decidendi

The Master held that under s56 P&A Ordinance the administrator must supply a final administration account verified by affidavit and allow inspection of supporting documents; absent evidential proof of mala administration interim accounts suffice and audited accounts are unnecessary as they would impose undue costs, therefore Patrick was ordered to deliver a final verified account within 28 days, make the final distribution then, and permit inspection of supporting documents within 14 days thereafter; each party to bear own costs (order nisi).

Court Disposition

Application allowed in part; orders made to compel accounting, disclosure and final distribution; costs reserved as each party to bear own costs (order nisi).

Orders

  • Within 28 days Patrick must supply Laurence the final administration account of the Estate verified by affidavit.
  • At the same time Patrick must pay Laurence the final payment as to the distribution of the Estate.