RE WU KWOK KEUNG

RE WU KWOK KEUNG

Given that the Property was held on trust by the deceased trustee for the Applicant, that the trustee died without vesting the property and left no personal estate or grant of representation, and that the Applicant intends to sell the Property, the court was satisfied it was appropriate to hear the matter ex parte and to make a vesting order under section 45 of the Trustee Ordinance vesting the entire legal and beneficial estate in the Applicant.

Citation
RE WU KWOK KEUNG
Parties
Applicant: Wu Kwok Keung; Trustee (deceased): Wu Chan Kiu (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2011
Case Number
HCMP1383/2011
Procedural Posture
Application for Vesting Order Under Section 45 Trustee Ordinance Cap.29 / Judgment on Ex Parte Originating Summons
Outcome
Vesting order granted; Property vested in Applicant absolutely; no order as to costs.
Legal Topics
Vesting Order, Trust Administration, Succession, New Territories Trustee Appointment
Source Language
EN
Trusts Probate Property Vesting Order Trust Administration Succession New Territories Trustee Appointment

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Parties

Wu Kwok Keung

Applicant

Wu Chan Kiu (deceased)

Trustee (deceased)

Procedural Posture

Application for Vesting Order Under Section 45 Trustee Ordinance Cap.29 / Judgment on Ex Parte Originating Summons

Legal Issues

  1. 1 Whether a vesting order under section 45 of the Trustee Ordinance should be made to vest trust property in the beneficiary
  2. 2 Whether the application could proceed ex parte
  3. 3 Whether the deceased trustee's lack of personal estate and failure to vest precluded relief

Ratio Decidendi

Given that the Property was held on trust by the deceased trustee for the Applicant, that the trustee died without vesting the property and left no personal estate or grant of representation, and that the Applicant intends to sell the Property, the court was satisfied it was appropriate to hear the matter ex parte and to make a vesting order under section 45 of the Trustee Ordinance vesting the entire legal and beneficial estate in the Applicant.

Court Disposition

Vesting order granted; Property vested in Applicant absolutely; no order as to costs.

Orders

  • The Property held on trust by Wu Chan Kiu, deceased, for the Applicant is vested in the Applicant absolutely for the entire legal and beneficial estate and interest.
  • No order as to costs.