LAMB SHEN CHUEN AND ANOTHER v. LAM WAI TAK

LAMB SHEN CHUEN AND ANOTHER v. LAM WAI TAK

The court held that a limited grant granted under s.36 and r.33(1) for the use and benefit of an incapacitated beneficiary terminates upon the death of that beneficiary; consequently the administrators appointed under that limited grant no longer have authority to administer the deceased's estate and must apply for a grant de bonis non if they wish to continue administration.

Citation
LAMB SHEN CHUEN AND ANOTHER v. LAM WAI TAK
Parties
Administrators: Plaintiffs (Administrators of the estate of Lam Ping Leung); Defendant/representative of Beneficiaries: Defendant (nephew and representative of potential beneficiaries); Deceased (intestate): Lam Ping Leung; Widow and Beneficiary (deceased): Madam Wong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 January 2009
Case Number
HCMP1733/2008
Procedural Posture
Probate and Administration / Originating Summons Determination Regarding Effect of Limited Grant
Outcome
Limited grant ceased on the death of Madam Wong; Plaintiffs no longer authorised to administer the estate; Plaintiffs may apply for a grant de bonis non; costs awarded on a common fund basis to be paid from the estate.
Legal Topics
Limited Grant, Grant De Bonis Non, Intestacy, Mental Incapacity, Administration of Estate, Costs
Source Language
EN
Probate Succession Civil Procedure Limited Grant Grant De Bonis Non Intestacy Mental Incapacity Administration of Estate +1 more

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Parties

Plaintiffs (Administrators of the estate of Lam Ping Leung)

Administrators

Defendant (nephew and representative of potential beneficiaries)

Defendant/representative of Beneficiaries

Lam Ping Leung

Deceased (intestate)

Madam Wong

Widow and Beneficiary (deceased)

Procedural Posture

Probate and Administration / Originating Summons Determination Regarding Effect of Limited Grant

Legal Issues

  1. 1 Whether a limited grant issued under Section 36 and Rule 33(1) for the benefit of an incapacitated person ceases on the death of that person
  2. 2 Whether the administrators retain authority to continue administration after the death of the incapacitated beneficiary
  3. 3 Whether and how a grant de bonis non should be obtained to continue administration

Ratio Decidendi

The court held that a limited grant granted under s.36 and r.33(1) for the use and benefit of an incapacitated beneficiary terminates upon the death of that beneficiary; consequently the administrators appointed under that limited grant no longer have authority to administer the deceased's estate and must apply for a grant de bonis non if they wish to continue administration.

Court Disposition

Limited grant ceased on the death of Madam Wong; Plaintiffs no longer authorised to administer the estate; Plaintiffs may apply for a grant de bonis non; costs awarded on a common fund basis to be paid from the estate.

Orders

  • Declare that the limited grant issued for the use and benefit of Madam Wong ceased to have effect upon her death
  • Declare that no person currently has authority to continue to administer the estate under the limited grant and that the Plaintiffs are at liberty to apply for a grant de bonis non in the usual manner to the Probate Registry