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

The court appointed Ms Kwok Pung as substitute administrator because her neutrality, professional qualifications, local experience and reasonable fees made her the preferable and practical choice to administer the estate amid beneficiary conflict; the alternative nomination was misconceived and unexplained, justifying appointment of Ms Kwok and vesting of estate assets in her.

Citation
[2026] HKCFI 577
Parties
Plaintiff: Man Chung Leung; 1st Defendant (executor of the Estate): Man Wai Sing; 2nd Defendant: Man Lai Yee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 January 2026
Case Number
HCMP1205/2024
Procedural Posture
Probate and Administration Appointment of Substitute Administrator / Post Judgment Application for Appointment of Substitute Administrator Following Removal of Executor
Outcome
Appointment of Ms Kwok Pung as substitute administrator; assets of the estate vested in her for administration; order nisi that costs arising from the nomination to be borne by the estate.
Legal Topics
Removal of Executor, Appointment of Substitute Administrator, Probate and Administration Ordinance S33, Order 85 Rules of the High Court
Source Language
EN
Probate and Administration Civil Procedure Trusts and Estates Removal of Executor Appointment of Substitute Administrator Probate and Administration Ordinance S33 Order 85 Rules of the High Court

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Parties

Man Chung Leung

Plaintiff

Man Wai Sing

1st Defendant (executor of the Estate)

Man Lai Yee

2nd Defendant

Procedural Posture

Probate and Administration Appointment of Substitute Administrator / Post Judgment Application for Appointment of Substitute Administrator Following Removal of Executor

Legal Issues

  1. 1 Whether a substitute administrator should be appointed after removal of the executor
  2. 2 Which nominee is appropriate and will act as substitute administrator
  3. 3 Whether costs of the nomination should be borne by the estate

Ratio Decidendi

The court appointed Ms Kwok Pung as substitute administrator because her neutrality, professional qualifications, local experience and reasonable fees made her the preferable and practical choice to administer the estate amid beneficiary conflict; the alternative nomination was misconceived and unexplained, justifying appointment of Ms Kwok and vesting of estate assets in her.

Court Disposition

Appointment of Ms Kwok Pung as substitute administrator; assets of the estate vested in her for administration; order nisi that costs arising from the nomination to be borne by the estate.

Orders

  • Appoint Ms Kwok Pung as substitute administrator of the estate of the deceased.
  • Vest the assets and properties of the estate in Ms Kwok Pung for administration.