RE MAN KIN as the administrator of the estate of MAN PAK CHUN, deceased

RE MAN KIN as the administrator of the estate of MAN PAK CHUN, deceased

The court exercised its power under section 45(e) of the Trustee Ordinance to make a vesting order because there is no personal representative of the deceased trustee who was recorded in the registered memorial and the memorial, together with the historical succession documentation, justified vesting the specified undivided one‑third share of the lots in the applicant as trustee for the beneficiary Chun.

Citation
RE MAN KIN as the administrator of the estate of MAN PAK CHUN, deceased
Parties
Beneficiary: Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2016
Case Number
HCMP2565/2014
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (section 45(e)) / Ex Parte Originating Summons (commenced 16 October 2014)
Outcome
Vesting order granted
Legal Topics
Vesting Order, Succession to Property, Death of Trustee, Land Registration
Source Language
EN
Trusts Property Law Succession Civil Procedure Vesting Order Succession to Property Death of Trustee Land Registration

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Parties

Chun

Beneficiary

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (section 45(e)) / Ex Parte Originating Summons (commenced 16 October 2014)

Legal Issues

  1. 1 Whether the court may make a vesting order under section 45(e) of the Trustee Ordinance where there is no personal representative of a deceased trustee who had an interest in land
  2. 2 Whether the registered memorial sufficiently identifies the trustee for the purposes of making a vesting order
  3. 3 Whether the properties (1/3 undivided share of specified lots) should be vested in the applicant as trustee for the beneficiary

Ratio Decidendi

The court exercised its power under section 45(e) of the Trustee Ordinance to make a vesting order because there is no personal representative of the deceased trustee who was recorded in the registered memorial and the memorial, together with the historical succession documentation, justified vesting the specified undivided one‑third share of the lots in the applicant as trustee for the beneficiary Chun.

Court Disposition

Vesting order granted

Orders

  • Vesting order made under section 45(e) of the Trustee Ordinance in respect of the 1/3 undivided share of Lots Nos 177, 193, 194, 209, 602, 212, 301 and Section A of Lot No 166 in Demarcation District No 80, North, New Territories; the properties are vested in the applicant as trustee for Chun; Registrar to effect...