RE CHAN CHEUK YIN

RE CHAN CHEUK YIN

Section 45(e) of the Trustee Ordinance applies in the circumstances and the Court will make a vesting order vesting the property in the applicant as administrator of the estate of the deceased beneficiary.

Citation
RE CHAN CHEUK YIN
Parties
Administrator of the Estate of Chan Kin Ping (deceased): Chan Cheuk Yin; Deceased Beneficiary: Chan Kin Ping; Trustee (deceased): Hung Sam-fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 2013
Case Number
HCMP2855/2013
Procedural Posture
Miscellaneous Proceedings Under the Trustee Ordinance (vesting Order) / Judgment on Application for Vesting Order
Outcome
Vesting order granted in favour of the applicant as administrator of the deceased's estate
Legal Topics
Vesting Order, Administration of Estate, Trustee Death, Trustee Ordinance S45(e)
Source Language
EN
Trusts Probate Property Vesting Order Administration of Estate Trustee Death Trustee Ordinance S45(e)

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Parties

Chan Cheuk Yin

Administrator of the Estate of Chan Kin Ping (deceased)

Chan Kin Ping

Deceased Beneficiary

Hung Sam-fung

Trustee (deceased)

Procedural Posture

Miscellaneous Proceedings Under the Trustee Ordinance (vesting Order) / Judgment on Application for Vesting Order

Legal Issues

  1. 1 Whether section 45(e) of the Trustee Ordinance applies to permit a vesting order
  2. 2 Whether the property should be vested in the applicant as administrator where the trustee has died and there is no grant to the trustee's estate
  3. 3 Whether the sole beneficial entitlement of the deceased beneficiary justifies vesting the legal title in the administrator

Ratio Decidendi

Section 45(e) of the Trustee Ordinance applies in the circumstances and the Court will make a vesting order vesting the property in the applicant as administrator of the estate of the deceased beneficiary.

Court Disposition

Vesting order granted in favour of the applicant as administrator of the deceased's estate

Orders

  • A vesting order is made vesting the property known as Lot No. 807 in Demarcation District No. 450, Tsuen Wan in Chan Cheuk Yin as administrator of the estate of Chan Kin Ping.