19 Mar 2020
YEUNG CHOK MING (楊作明), in his personal capacity and as the administrator of the Estate of Yeung Yau Yan (楊友人), deceased v. YEUNG CHOK LAM (楊作霖), in his personal capacity and as the administrator of the Estate of Chan Yu (陳如), deceased
- Citation
- [2020] HKCFI 480
- Court
- Court of First Instance
- Case number
- HCMP1131/2019
Defendant lacked capacity to execute the Assent in relation to the Property because he was not the administrator of the father's estate at the time; the mother's letters of administration did not create or imply a beneficial or registrable interest in the Property because the father's residuary estate remained unadministered and therefore uncertain; accordingly the Assent was null and void as to the Property and both the mother's LA and the Assent were not registrable under s2(1) LRO; the Court has inherent jurisdiction to vacate those registrations and therefore ordered vacation and declarat…