RE HO TIAP FEN AND ANOTHER

RE HO TIAP FEN AND ANOTHER

Because the applicants proved their entitlement by the registered Succession to Property, the trustee remained the registered owner but died without any personal representative and no party objected, the court exercised its power under section 45(e) to vest the trustee's registered half share absolutely in the...

Source-derived case information.

Citation
[2018] HKCFI 2322
Parties
Applicant: Ho Tiap Fen; Applicant: Ho Mui Fen; Trustee (deceased): Ho Fu Wah; Notified Interested Party (no Objection): Ho Tip Hi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 October 2018
Case Number
HCMP1154/2018
Procedural Posture
Application for Vesting Order Under Section 45(e) Trustees Ordinance (cap 29) / Decision After Hearing in Chambers (12 October 2018)
Outcome
Application granted
Legal Topics
Vesting Order, Trustee Death and Unadministered Estate, Succession to Property, Land Registration
Source Language
en
Trusts Property Succession Land Law Vesting Order Trustee Death and Unadministered Estate Succession to Property Land Registration

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Parties

Ho Tiap Fen

Applicant

Ho Mui Fen

Applicant

Ho Fu Wah

Trustee (deceased)

Ho Tip Hi

Notified Interested Party (no Objection)

Procedural Posture

Application for Vesting Order Under Section 45(e) Trustees Ordinance (cap 29) / Decision After Hearing in Chambers (12 October 2018)

Legal Issues

  1. 1 Whether a vesting order under section 45(e) of the Trustees Ordinance should be made to vest the trustee's registered interest in the beneficiaries
  2. 2 Whether the absence of any probate or letters of administration for the deceased trustee prevents a vesting order
  3. 3 Whether there was any objection from interested parties sufficient to resist the vesting order

Ratio Decidendi

Because the applicants proved their entitlement by the registered Succession to Property, the trustee remained the registered owner but died without any personal representative and no party objected, the court exercised its power under section 45(e) to vest the trustee's registered half share absolutely in the applicants.

Court Disposition

Application granted

Orders

  • Pursuant to section 45(e) of the Trustees Ordinance, 1/2 part or share of and in the Properties held by Ho Fu Wah as trustee for the applicants be vested absolutely in the applicants as per the draft order before the court