RE KAN YUNG TAT

RE KAN YUNG TAT

Section 45(e) of the Trustee Ordinance applies where the trustee who held legal title is deceased and no personal representative exists; where those conditions are met and no other interested party appears the court should exercise its statutory power to vest the legal title in the beneficial owner — accordingly a vesting order was granted to the applicant for a 1/2 share.

Citation
[2023] HKDC 150
Parties
Applicant: Kan Yung Tat; Deceased Trustee: Kan Chan Fat (deceased); Beneficial Co Owner: Kan Mei Fong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 January 2023
Case Number
DCMP3642/2022
Procedural Posture
Miscellaneous Proceedings (ex Parte Application for Vesting Order Under Trustee Ordinance) / Judgment (ex Parte Hearing and Order Made)
Outcome
Vesting order granted under section 45(e) Trustee Ordinance; 1/2 share of the Lot vested in the Applicant absolutely; no order as to costs in respect of the ex parte summons.
Legal Topics
Vesting Order, Trustee Death, Section 45 Trustee Ordinance, Ex Parte Application
Source Language
EN
Trusts Property Probate Civil Procedure Vesting Order Trustee Death Section 45 Trustee Ordinance Ex Parte Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 1 Amounts and remedies 2
Sign in to unlock

Parties

Kan Yung Tat

Applicant

Kan Chan Fat (deceased)

Deceased Trustee

Kan Mei Fong

Beneficial Co Owner

Procedural Posture

Miscellaneous Proceedings (ex Parte Application for Vesting Order Under Trustee Ordinance) / Judgment (ex Parte Hearing and Order Made)

Legal Issues

  1. 1 Whether section 45(e) Trustee Ordinance conditions are satisfied where the trustee is deceased and no personal representative has been appointed
  2. 2 Whether the application can be heard ex parte
  3. 3 Whether it is appropriate for the court to exercise its discretion to vest the legal title in the applicant

Ratio Decidendi

Section 45(e) of the Trustee Ordinance applies where the trustee who held legal title is deceased and no personal representative exists; where those conditions are met and no other interested party appears the court should exercise its statutory power to vest the legal title in the beneficial owner — accordingly a vesting order was granted to the applicant for a 1/2 share.

Court Disposition

Vesting order granted under section 45(e) Trustee Ordinance; 1/2 share of the Lot vested in the Applicant absolutely; no order as to costs in respect of the ex parte summons.

Orders

  • Vesting order: 1/2 share of Lot No.2258 in Demarcation District 92 and all interests, rights and title therein are vested in the Applicant absolutely.
  • No order as to costs in respect of the Ex Parte Originating Summons dated 26 September 2022.