RE AN APPLICATION BY CHAN LAI MING

RE AN APPLICATION BY CHAN LAI MING

Where a trustee holding land under a declared trust has died and no personal representative exists to continue the trusteeship, the court will exercise its statutory jurisdiction under section 45(e) Trustee Ordinance to vest the trust property in the person entitled (here the administratrix) and order registration in that person's name.

Citation
[2019] HKDC 300
Parties
Applicant and Sole Administratrix of the Estate of Pong Shu Sang (plaintiff): Chan Lai Ming; Registered Proprietor and Trustee (deceased): Au Ping Chung; Beneficiary and Deceased: Pong Shu Sang
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 March 2019
Case Number
DCMP3044/2018
Procedural Posture
Miscellaneous Proceedings Under Trustee Ordinance (vesting Order) / Ex Parte Originating Summons for Vesting Order Under Section 45(e); Judgment Granting Order
Outcome
Vesting order granted in terms of the draft; trust property vested in the Applicant absolutely for legal and beneficial estate and to be registered in her name.
Legal Topics
Vesting Order, Deceased Trustee, Absence of Personal Representative, Trust Declaration, Registration of Land
Source Language
EN
Trusts Probate Land Law Civil Procedure Vesting Order Deceased Trustee Absence of Personal Representative Trust Declaration +1 more

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Parties

Chan Lai Ming

Applicant and Sole Administratrix of the Estate of Pong Shu Sang (plaintiff)

Au Ping Chung

Registered Proprietor and Trustee (deceased)

Pong Shu Sang

Beneficiary and Deceased

Procedural Posture

Miscellaneous Proceedings Under Trustee Ordinance (vesting Order) / Ex Parte Originating Summons for Vesting Order Under Section 45(e); Judgment Granting Order

Legal Issues

  1. 1 Whether a vesting order under section 45(e) Trustee Ordinance should be granted where the trustee is deceased and has no personal representative
  2. 2 Whether it is appropriate to proceed ex parte

Ratio Decidendi

Where a trustee holding land under a declared trust has died and no personal representative exists to continue the trusteeship, the court will exercise its statutory jurisdiction under section 45(e) Trustee Ordinance to vest the trust property in the person entitled (here the administratrix) and order registration in that person's name.

Court Disposition

Vesting order granted in terms of the draft; trust property vested in the Applicant absolutely for legal and beneficial estate and to be registered in her name.

Orders

  • The trust property be vested in the Applicant absolutely for the legal and beneficial estate and interest and be registered in the name of the Applicant.
  • There be no order as to costs.