MAN CHUNG LEUNG v. MAN WAI SING the executor of the estate of the Deceased MAN HING KWAI AND ANOTHER

MAN CHUNG LEUNG v. MAN WAI SING the executor of the estate of the Deceased MAN HING KWAI AND ANOTHER

Sing failed to render a full and proper account of the estate despite repeated demands, withheld material information (notably a substantial joint bank balance and Mainland assets), demonstrated conflicts of interest (Kowloon City Shop rental handling) and produced insufficient documentary evidence to justify continued administration; removal was necessary for due and proper administration and in the beneficiaries' interests, but Leung is unsuitable as substitute due to his conflicting claim, so parties must nominate replacements.

Citation
[2025] HKCFI 4308
Parties
Plaintiff: Man Chung Leung; 1st Defendant; Executor of the Estate of the Deceased: Man Wai Sing; 2nd Defendant; Beneficiary: Man Lai Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2025
Case Number
HCMP1205/2024
Procedural Posture
Probate and Administration / Judgment (order Made)
Outcome
Executor (Man Wai Sing) removed; court ordered full account and inspection; parties directed to nominate substitute administrator; costs of the application to be borne by Sing.
Legal Topics
Removal of Executor, Duty to Account, Vesting and Distribution of Estate, Joint Bank Account Survivorship, Conflict of Interest, Inspection of Supporting Documents, Appointment of Substitute Executor, Costs
Source Language
EN
Probate and Administration Estate Law Trusts and Fiduciary Duty Civil Procedure Property Law Banking Law Removal of Executor Duty to Account +6 more

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Parties

Man Chung Leung

Plaintiff

Man Wai Sing

1st Defendant; Executor of the Estate of the Deceased

Man Lai Yee

2nd Defendant; Beneficiary

Procedural Posture

Probate and Administration / Judgment (order Made)

Legal Issues

  1. 1 Whether the executor (Sing) failed to render a full and proper account of the estate
  2. 2 Whether funds in a joint bank account (approx. HK$7,012,333.93) belong beneficially to the estate despite a survivorship clause
  3. 3 Whether the executor has a conflict of interest preventing proper administration (Kowloon City Shop/rental income)

Ratio Decidendi

Sing failed to render a full and proper account of the estate despite repeated demands, withheld material information (notably a substantial joint bank balance and Mainland assets), demonstrated conflicts of interest (Kowloon City Shop rental handling) and produced insufficient documentary evidence to justify continued administration; removal was necessary for due and proper administration and in the beneficiaries' interests, but Leung is unsuitable as substitute due to his conflicting claim, so parties must nominate replacements.

Court Disposition

Executor (Man Wai Sing) removed; court ordered full account and inspection; parties directed to nominate substitute administrator; costs of the application to be borne by Sing.

Orders

  • Sing be removed as the executor of the Estate pursuant to s.33(1) of the Probate and Administration Ordinance (Cap.10).
  • Sing do exhibit by affidavit filed in the court within 28 days a true and perfect inventory and account of the movable and immovable property of the Deceased, and Leung shall have liberty to inspect the originals of the documents produced by Sing as supporting the account within 14 days thereafter.