Re Lots Nos 438 and 460 both in Demarcation District No.187

Re Lots Nos 438 and 460 both in Demarcation District No.187

Because the trustee died without vesting the property, the beneficiaries are sui juris, there is no will or Letters of Administration and there have been no dealings with the property, the court must grant a vesting order under s45(e) of the Trustee Ordinance to vest the legal estate in the beneficiaries.

Citation
Re Lots Nos 438 and 460 both in Demarcation District No.187
Parties
Applicant: Law Ying; Applicant: Law Hung; Applicant: Lo Kun Kiu also known as Law Chi Wah; Trustee (deceased): Tse Ting Kiu also known as Lo Tse Shi; Original Owner (deceased): Law Fat also known as Law Yik Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2000
Case Number
HCMP292/2000
Procedural Posture
Application for Vesting Order Under Section 45(e) Trustee Ordinance, Cap.29 / Originating Summons; Judgment Delivered in Chambers (17 February 2000)
Outcome
Vesting order granted in terms of the Originating Summons under Section 45(e) Trustee Ordinance
Legal Topics
Vesting Order, Trustee Failure to Vest, Letters of Administration
Source Language
EN
Trusts Succession Land/property Vesting Order Trustee Failure to Vest Letters of Administration

Case Brief

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Parties

Law Ying

Applicant

Law Hung

Applicant

Lo Kun Kiu also known as Law Chi Wah

Applicant

Tse Ting Kiu also known as Lo Tse Shi

Trustee (deceased)

Law Fat also known as Law Yik Ming

Original Owner (deceased)

Procedural Posture

Application for Vesting Order Under Section 45(e) Trustee Ordinance, Cap.29 / Originating Summons; Judgment Delivered in Chambers (17 February 2000)

Legal Issues

  1. 1 Whether a vesting order under s45(e) Trustee Ordinance should be granted where a trustee died without vesting trust property in beneficiaries
  2. 2 Whether there was any will or grant of Letters of Administration or any dealing with the property that would prevent a vesting order

Ratio Decidendi

Because the trustee died without vesting the property, the beneficiaries are sui juris, there is no will or Letters of Administration and there have been no dealings with the property, the court must grant a vesting order under s45(e) of the Trustee Ordinance to vest the legal estate in the beneficiaries.

Court Disposition

Vesting order granted in terms of the Originating Summons under Section 45(e) Trustee Ordinance

Orders

  • Vesting order under Section 45(e) Trustee Ordinance, Cap.29 vesting the legal estate in Demarcation District 187 Lots Nos 438 and 460 in the applicants (Law Ying, Law Hung and Lo Kun Kiu also known as Law Chi Wah) in terms of the Originating Summons.