Hong Kong Case Law: Decisions & Judgments

Topic

Accounting by executor

Legal area

Court

6 Feb 2024

TIN YING WA v. TIN YUNG SIN, the Executor of the estate of CHEUNG FUNG YAN, Deceased AND ANOTHER

Citation

[2024] HKCFI 469
Court

Court of First Instance
Case number

HCMP1832/2022

The court appointed Mr Derek Lai as the Independent Administrator because the majority of beneficiaries supported him, there was no admissible evidence justifying rejection of the defendants' nominee or concluding lack of independence, comparable fee protection existed (1% cap) so cost was not a determinative factor, and the court's appointment process ensured accountability and perceived independence.
30 Jun 2022

LAU TUNG HOI KENT v. LAU TUNG KUEN

Citation

[2022] HKCFI 1921
Court

Court of First Instance
Case number

HCMP1684/2020

Defendant removed because he failed to provide a satisfactory explanation for prolonged non-distribution after the executor's year, kept confusing and mixed accounts despite late professional assistance, had been in a position of potential conflict of interest, and an irretrievable breakdown in relations with beneficiaries made continued administration by him untenable; an independent professional (Mr David Lin) appointed in his place to secure due and proper administration.
25 Jan 2021

LI YAT CHEUNG v. LEE YAT SUN, the executor of the estate of LEE KA CHUAN, the Deceased

Citation

[2021] HKCFI 178
Court

Court of First Instance
Case number

HCMP25/2019

The defendant, as executor, breached the duty to render a true and perfect inventory and proper accounts despite repeated requests; the alleged oral agreement does not negate the executor's statutory duty nor the plaintiff's entitlement as residuary beneficiary and creditor; accordingly the defendant is removed as executor and must render accounts within the time ordered, and costs are awarded against him.

Hong Kong Case Law

TIN YING WA v. TIN YUNG SIN, the Executor of the estate of CHEUNG FUNG YAN, Deceased AND ANOTHER

LAU TUNG HOI KENT v. LAU TUNG KUEN

LI YAT CHEUNG v. LEE YAT SUN, the executor of the estate of LEE KA CHUAN, the Deceased