CHIK KWONG SUN AND ANOTHER v. PAU LAN YING (in her own capacity and in the capacity as the sole Administratrix of the estate of CHIK SIU, deceased)

CHIK KWONG SUN AND ANOTHER v. PAU LAN YING (in her own capacity and in the capacity as the sole Administratrix of the estate of CHIK SIU, deceased)

Defendant failed to discharge the statutory and common law duties of a personal representative by excluding beneficiaries from her grant application, converting estate assets for her own use, failing to provide proper accounts or documentary support and failing to cooperate with court directions; consequently the...

Source-derived case information.

Citation
[2020] HKCFI 1815
Parties
1st Plaintiff: CHIK KWONG SUN; 2nd Plaintiff: CHIK KWONG HUNG; Defendant and Sole Administratrix of the Estate of CHIK SIU: PAU LAN YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 August 2020
Case Number
HCMP1612/2018
Procedural Posture
Probate and Administration Proceedings Under Order 85 and Probate and Administration Ordinance / Judgment (substantive Hearing)
Outcome
Grant of Letters of Administration to defendant revoked; defendant removed as administratrix; new grant to 2nd plaintiff; defendant ordered to render proper account and allow inspection; vesting order made in favour of 2nd plaintiff; costs to be paid personally by defendant (costs nisi).
Legal Topics
Revocation of Grant, Removal of Administrator, Duty to Render Account, Vesting Order Under S.67 PAO, Assent to Personal Representative
Source Language
en
Probate and Administration Estate Administration Property Law Civil Procedure Revocation of Grant Removal of Administrator Duty to Render Account Vesting Order Under S.67 PAO +1 more

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Summary, issues, holding and outcome

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Parties

CHIK KWONG SUN

1st Plaintiff

CHIK KWONG HUNG

2nd Plaintiff

PAU LAN YING

Defendant and Sole Administratrix of the Estate of CHIK SIU

Procedural Posture

Probate and Administration Proceedings Under Order 85 and Probate and Administration Ordinance / Judgment (substantive Hearing)

Legal Issues

  1. 1 Whether the administratrix must render a proper account of the estate
  2. 2 Whether the grant of administration should be revoked or the administratrix removed
  3. 3 Whether the assent transferring the property should be set aside or the property vested back in the estate

Ratio Decidendi

Defendant failed to discharge the statutory and common law duties of a personal representative by excluding beneficiaries from her grant application, converting estate assets for her own use, failing to provide proper accounts or documentary support and failing to cooperate with court directions; consequently the grant was revoked and a new grant issued to the 2nd plaintiff under s.33 PAO to ensure due administration, and a vesting order under s.67 PAO was made to restore the property to the estate for sale and distribution; defendant was ordered to render a proper account within specified time and bear costs personally.

Court Disposition

Grant of Letters of Administration to defendant revoked; defendant removed as administratrix; new grant to 2nd plaintiff; defendant ordered to render proper account and allow inspection; vesting order made in favour of 2nd plaintiff; costs to be paid personally by defendant (costs nisi).

Orders

  • Defendant to render a proper account of the estate within 42 days after service of the order
  • Plaintiffs allowed to inspect supporting documents within 14 days after service of the account