Hong Kong Case Law: Decisions & Judgments

Topic

Administration of deceased's estate

Legal area

Court

23 Sept 2022

RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

Citation

[2022] HKCFI 2964
Court

Court of First Instance
Case number

HCMP1009/2022

The Court, applying section 45(e) of the Trustee Ordinance, found that because there was no personal representative of the deceased trustee and the applicant held Letters of Administration, it was appropriate to vest the entire legal and beneficial estate and interest in the property in the applicant to enable proper administration of the deceased's estate.
20 Jul 2022

RE MAK YING MUI, Administratix of the Estate of MAN FOR TAI WILLIAM alias MAN SHUI TAI, Deceased

Citation

[2022] HKCFI 2233
Court

Court of First Instance
Case number

HCMP728/2022

The court concluded that section 45 of the Trustee Ordinance applies because the Property was held by the deceased mother as trustee for the applicant's late husband, the trustee died without any grant being taken in respect of her estate, and therefore a vesting order in favour of the administratrix of the beneficiary's estate was appropriate; accordingly the ex parte Originating Summons should be granted in terms sought.
13 Feb 2014

RE TANG CHAU SANG AND ANOTHER

Citation

RE TANG CHAU SANG AND ANOTHER
Court

Court of First Instance
Case number

HCMP3469/2013

There was no personal representative of the deceased trustee and no one to serve; accordingly the court properly exercised its statutory power under section 45 of the Trustee Ordinance to vest the legal interests in the three lots absolutely in the applicants.
17 Jan 2007

THOSE PIECES AND PARCELS OF GROUND SITUATE, LYING AND BEING AT YUEN LONG, NEW TERRITORIES HONG KONG AND REGISTERED IN THE LAND REGISTRY AS LOT NOS. 1331 AND 1333 IN DEMARCATION DISTRICT NO. 129 (“ THE LOTS”)

Citation

THOSE PIECES AND PARCELS OF GROUND SITUATE, LYING AND BEING AT YUEN LONG, NEW TERRITORIES HONG KONG AND REGISTERED IN THE LAND REGISTRY AS LOT NOS. 1331 AND 1333 IN DEMARCATION DISTRICT NO. 129 (“ THE LOTS”)
Court

Court of First Instance
Case number

HCMP2602/2006

The court granted the vesting order because the applicant, as administratrix with Letters of Administration, was authorized to administer her late husband's beneficial interest in the Lots, the trustee was deceased and no personal representative of the deceased trustee could be identified, and the court was satisfied on the evidence that vesting the estates and interests in the applicant was appropriate.

Hong Kong Case Law

RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

RE MAK YING MUI, Administratix of the Estate of MAN FOR TAI WILLIAM alias MAN SHUI TAI, Deceased

RE TANG CHAU SANG AND ANOTHER

THOSE PIECES AND PARCELS OF GROUND SITUATE, LYING AND BEING AT YUEN LONG, NEW TERRITORIES HONG KONG AND REGISTERED IN THE LAND REGISTRY AS LOT NOS. 1331 AND 1333 IN DEMARCATION DISTRICT NO. 129 (“ THE LOTS”)