CHAN PANG FEE v. CHAN PAK MAN AND ANOTHER

CHAN PANG FEE v. CHAN PAK MAN AND ANOTHER

The court held that an agreement for sale entered into by one of two administrators, which was bona fide, for the benefit of the estate and ratified after grant, binds the estate and the co-administrator under s.54(3) of the Probate and Administration Ordinance; implementation of the binding agreement requires a conveyance to be executed by all personal representatives pursuant to s.54(1), and the court may order the co-administrator to join in execution to complete the sale.

Citation
CHAN PANG FEE v. CHAN PAK MAN AND ANOTHER
Parties
Plaintiff: Chan Pang Fee; 1st Defendant: Chan Pak Man; 2nd Defendant: Lee Hsin I
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 1980
Case Number
HCMP155/1980
Procedural Posture
Probate and Administration / Miscellaneous Proceedings (originating Summons) / Final Judgment (decision on Originating Summons)
Outcome
Originating summons allowed in part: court declared the Agreement for Sale and Purchase binds the estate and the co-administrator; the 1st defendant can be compelled to join in conveyance to complete the sale; court to hear submissions on directions and costs.
Legal Topics
Doctrine of Relation Back, Ratification of Pre Grant Acts, Powers of Personal Representatives, Conveyance Vs Contract, Specific Performance, Intestacy and Minority Interests
Source Language
EN
Probate and Administration Trusts and Estates Property Law Equity Contract Law Doctrine of Relation Back Ratification of Pre Grant Acts Powers of Personal Representatives +3 more

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Parties

Chan Pang Fee

Plaintiff

Chan Pak Man

1st Defendant

Lee Hsin I

2nd Defendant

Procedural Posture

Probate and Administration / Miscellaneous Proceedings (originating Summons) / Final Judgment (decision on Originating Summons)

Legal Issues

  1. 1 Whether an agreement for sale entered into by an intending administrator before grant binds the estate and the co-administrator
  2. 2 Whether ratification and the doctrine of relation back can validate pre-grant dispositions
  3. 3 Construction and scope of Probate and Administration Ordinance s.54(1) and s.54(3) and s.65(1)

Ratio Decidendi

The court held that an agreement for sale entered into by one of two administrators, which was bona fide, for the benefit of the estate and ratified after grant, binds the estate and the co-administrator under s.54(3) of the Probate and Administration Ordinance; implementation of the binding agreement requires a conveyance to be executed by all personal representatives pursuant to s.54(1), and the court may order the co-administrator to join in execution to complete the sale.

Court Disposition

Originating summons allowed in part: court declared the Agreement for Sale and Purchase binds the estate and the co-administrator; the 1st defendant can be compelled to join in conveyance to complete the sale; court to hear submissions on directions and costs.

Orders

  • Declaration that the Agreement for Sale and Purchase dated 8 March 1978 binds the estate of the deceased and the co-administrator (1st defendant)
  • Order that the 1st defendant be compelled to join in and execute the conveyance necessary to complete the sale in terms of the Agreement