RE LI CHUN PAN

RE LI CHUN PAN

Because the registered owner was ordered to hold the property on trust and to transfer it to the applicant on her attaining 18, the applicant had an equitable entitlement; the registered owner died without transferring and without any personal representative having obtained probate or letters of administration, and section 45 of the Trustee Ordinance empowers the court to vest the land in such a person, the court was justified in making a vesting order in favour of the applicant; removal of the trustee from the title was unnecessary for the vesting order.

Citation
[2022] HKCFI 3232
Parties
Applicant: Applicant (unnamed); Deceased Registered Owner and Trustee: Li Ping Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2022
Case Number
HCMP1197/2022
Procedural Posture
Miscellaneous Proceedings (application for Vesting Order Under Trustee Ordinance) / Judgment on Ex Parte Originating Summons
Outcome
Vesting order granted in favour of the applicant; no order made for removal of the deceased registered owner as trustee.
Legal Topics
Vesting Order, Section 45 Trustee Ordinance, Probate Search, Court Ordered Trust Arising From Divorce Proceedings, Transfer of Land
Source Language
EN
Trusts and Trustees Succession and Probate Land Law Vesting Order Section 45 Trustee Ordinance Probate Search Court Ordered Trust Arising From Divorce Proceedings Transfer of Land

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Parties

Applicant (unnamed)

Applicant

Li Ping Cheung

Deceased Registered Owner and Trustee

Procedural Posture

Miscellaneous Proceedings (application for Vesting Order Under Trustee Ordinance) / Judgment on Ex Parte Originating Summons

Legal Issues

  1. 1 Whether a vesting order under section 45 Trustee Ordinance is appropriate where a deceased trustee who held an interest in land died without a personal representative
  2. 2 Whether the court should order removal of the deceased trustee from the registered title
  3. 3 Whether the applicant, having attained majority and having an undertaking and court order in her favour, is entitled to have the land vested in her

Ratio Decidendi

Because the registered owner was ordered to hold the property on trust and to transfer it to the applicant on her attaining 18, the applicant had an equitable entitlement; the registered owner died without transferring and without any personal representative having obtained probate or letters of administration, and section 45 of the Trustee Ordinance empowers the court to vest the land in such a person, the court was justified in making a vesting order in favour of the applicant; removal of the trustee from the title was unnecessary for the vesting order.

Court Disposition

Vesting order granted in favour of the applicant; no order made for removal of the deceased registered owner as trustee.

Orders

  • Order made in terms of paragraphs 1 and 4 of the Ex-parte Originating Summons (same as paragraphs 1 and 3 of the draft order)
  • No order for removal of Li Ping Cheung as trustee of the Property