Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Lots Nos. 377A and 524A both in Demarcation District No. 52

Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Lots Nos. 377A and 524A both in Demarcation District No. 52

Because the trusteeship of Madam Liu Ho Shi (Ho Tsuen) had not been removed prior to her death and no letters of administration were granted, the court exercised its power under section 45 of the Trustee Ordinance to make a vesting order, vesting the entire legal and beneficial estate in the Applicant.

Citation
Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Lots Nos. 377A and 524A both in Demarcation District No. 52
Parties
Applicant: Applicant; Former Trustee (deceased): Madam Liu Ho Shi (also known as Ho Tsuen); Deceased Predecessor (father of Applicant): Liu Muk Yau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2000
Case Number
HCMP1526/2000
Procedural Posture
Miscellaneous Proceeding Under Trustee Ordinance (section 45) for Vesting Order / Chambers Judgment (application for Vesting Order)
Outcome
Vesting order granted in favour of the Applicant; legal and beneficial estate vested in Applicant.
Legal Topics
Vesting Order, Trustee Death, Succession of Legal Estate, Trusteeship Memorial
Source Language
EN
Trusts Property Law Succession Land Law Equity Vesting Order Trustee Death Succession of Legal Estate +1 more

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Parties

Applicant

Applicant

Madam Liu Ho Shi (also known as Ho Tsuen)

Former Trustee (deceased)

Liu Muk Yau

Deceased Predecessor (father of Applicant)

Procedural Posture

Miscellaneous Proceeding Under Trustee Ordinance (section 45) for Vesting Order / Chambers Judgment (application for Vesting Order)

Legal Issues

  1. 1 Whether a vesting order under section 45 of the Trustee Ordinance should be made where the trustee has died intestate and no letters of administration have been granted
  2. 2 Whether the trusteeship had been removed prior to the trustee's death such that a vesting order would be inappropriate
  3. 3 Whether the memorial signed by the trustee's agent affected the status of the trusteeship

Ratio Decidendi

Because the trusteeship of Madam Liu Ho Shi (Ho Tsuen) had not been removed prior to her death and no letters of administration were granted, the court exercised its power under section 45 of the Trustee Ordinance to make a vesting order, vesting the entire legal and beneficial estate in the Applicant.

Court Disposition

Vesting order granted in favour of the Applicant; legal and beneficial estate vested in Applicant.

Orders

  • The half undivided part or share of and in all those pieces or parcels of grounds situate, lying and being at Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Lots Nos. 377A and 524A both in Demarcation District No. 52 do vest in the Applicant absolutely for all...