RE WU CHEUNG CHUEN

RE WU CHEUNG CHUEN

Because the trustee died leaving no personal representative and the applicant is the sole beneficiary of full age and capacity, the court has statutory power under section 45 of the Trustee Ordinance and, on the facts and precedent, it is appropriate to make a vesting order in favour of the applicant.

Citation
RE WU CHEUNG CHUEN
Parties
Applicant: Wu Cheung Chuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 2015
Case Number
HCMP373/2015
Procedural Posture
Vesting Order Under Trustee Ordinance S45 / Ex Parte Originating Summons Hearing
Outcome
Vesting order granted in favour of the applicant
Legal Topics
Vesting Order, Trustee Death Without Personal Representative, Termination of Trust by Sole Beneficiary, Section 45 Trustee Ordinance, Section 18 New Territories Ordinance
Source Language
EN
Trusts Property Probate and Administration New Territories Land Vesting Order Trustee Death Without Personal Representative Termination of Trust by Sole Beneficiary Section 45 Trustee Ordinance +1 more

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Parties

Wu Cheung Chuen

Applicant

Procedural Posture

Vesting Order Under Trustee Ordinance S45 / Ex Parte Originating Summons Hearing

Legal Issues

  1. 1 Whether the court may make a vesting order under section 45 of the Trustee Ordinance where the trustee has died and there is no personal representative
  2. 2 Whether a sole beneficiary of full age and capacity is entitled to terminate the trust and require vesting of the legal estate in the beneficiary
  3. 3 Whether precedent and facts justify making an ex parte vesting order in this case

Ratio Decidendi

Because the trustee died leaving no personal representative and the applicant is the sole beneficiary of full age and capacity, the court has statutory power under section 45 of the Trustee Ordinance and, on the facts and precedent, it is appropriate to make a vesting order in favour of the applicant.

Court Disposition

Vesting order granted in favour of the applicant

Orders

  • Order made in terms of paragraphs 1, 2 and 4 of the ex-parte originating summons
  • Vesting order pursuant to section 45 of the Trustee Ordinance, Cap 29, vesting the legal estate in the applicant