RE LEE LIN SHING also known as LI LIN SHING

RE LEE LIN SHING also known as LI LIN SHING

The Court granted a vesting order under section 45(e) Trustee Ordinance because the applicant was established as the beneficial owner of the 1/3 share by the registered Succession and supporting evidence, and the sole trustee had died without any legal representative, permitting the Court to vest the legal and beneficial estate and interest in the applicant absolutely.

Citation
[2025] HKCFI 258
Parties
Applicant: LEE LIN SHING; Sole Trustee (deceased): TSE FUNG TAI (謝逢娣); Interested Party (deceased): LEE YUK LIN; Deceased (original Owner): LI TUNG SHING (李東勝)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2025
Case Number
HCMP2436/2024
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (succession Property) / Decision at Chambers (vesting Order Application)
Outcome
Application allowed. Vesting order granted under section 45(e) Trustee Ordinance to vest the legal and beneficial estate in the applicant.
Legal Topics
Vesting Order, Trustee Death Without Legal Representative, Succession Memorial Registration, Name Transliteration Discrepancies
Source Language
EN
Trusts Probate and Succession Property Law Civil Procedure Vesting Order Trustee Death Without Legal Representative Succession Memorial Registration Name Transliteration Discrepancies

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Parties

LEE LIN SHING

Applicant

TSE FUNG TAI (謝逢娣)

Sole Trustee (deceased)

LEE YUK LIN

Interested Party (deceased)

LI TUNG SHING (李東勝)

Deceased (original Owner)

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (succession Property) / Decision at Chambers (vesting Order Application)

Legal Issues

  1. 1 Whether a vesting order under section 45(e) Trustee Ordinance should be made
  2. 2 Whether the applicant is the beneficial owner of a 1/3 share of the property
  3. 3 Whether the sole trustee's death without a legal representative prevents vesting

Ratio Decidendi

The Court granted a vesting order under section 45(e) Trustee Ordinance because the applicant was established as the beneficial owner of the 1/3 share by the registered Succession and supporting evidence, and the sole trustee had died without any legal representative, permitting the Court to vest the legal and beneficial estate and interest in the applicant absolutely.

Court Disposition

Application allowed. Vesting order granted under section 45(e) Trustee Ordinance to vest the legal and beneficial estate in the applicant.

Orders

  • Vesting order made under section 45(e) Trustee Ordinance (Cap.29) to vest the entire legal and beneficial estate and interest in the 1/3 share of Lot No.1119 in Tung Chung in the Applicant, LEE LIN SHING, absolutely.