RE KAN PAK SHING

The court was satisfied that the statutory condition in Section 45(e) of the Trustee Ordinance was met (no personal representative of the deceased trustee and uncertainty as to representation) and that the applicant is beneficially entitled, and therefore a vesting order should be made in favour of the applicant.

Citation: [2018] HKCFI 840
Parties: Applicant: Applicant; Deceased Trustee: Madam Pang Oi; Donor (deceased): Mr Kan Ying Fuk
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 19 April 2018
Case Number: HCMP34/2018
Procedural Posture: Application for Vesting Order Under Trustee Ordinance (cap 29) / Order Made (judgment)
Outcome: Vesting order made under Section 45(e) of the Trustee Ordinance; the Lots vested in the applicant.
Legal Topics: Vesting Order, Trustee Death, Beneficial Entitlement
Source Language: EN

Trusts Property Equity Vesting Order Trustee Death Beneficial Entitlement

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Parties

Applicant

Madam Pang Oi

Deceased Trustee

Mr Kan Ying Fuk

Donor (deceased)

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (cap 29) / Order Made (judgment)

Legal Issues

1 Whether a vesting order under Section 45(e) of the Trustee Ordinance should be made
2 Whether there is no personal representative of the deceased trustee
3 Whether the applicant is beneficially entitled to the Lots

Ratio Decidendi

Court Disposition

Vesting order made under Section 45(e) of the Trustee Ordinance; the Lots vested in the applicant.

Orders

Vesting order under Section 45(e) Trustee Ordinance vesting the Lots in the applicant.
Order made in terms of paragraphs 1 and 2 of the Originating Summons.