Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assent to devise

Legal area

Court

28 Mar 2022

LAM MAN YIN AND ANOTHER v. LAM MAN CHEUNG AND ANOTHER

Citation

[2022] HKCFI 866
Court

Court of First Instance
Case number

HCMP739/2021

Clause 3 of the Will, objectively construed, does not create a specific devise of the flat in specie; the devising of 100 shares and allocation of 60/40 is not a requirement that the flat be retained in specie. The executors' refusal to assent and decision to obtain possession and sell the flat for administration are within their powers under s54 PAO and do not amount to misadministration. Accordingly the claimant cannot compel an assent; the court grants the executors' application for possession and sale with directions and costs as specified.
22 May 2007

RE LAM KWAN KIT t/a YING KIT STOCK CO

Citation

RE LAM KWAN KIT t/a YING KIT STOCK CO
Court

Court of First Instance
Case number

HCMP2547/2006

Because the bankrupt (specific devisee) had been granted probate but had not assented and was absent, the court, relying on Probate and Administration Ordinance s70(2) and Trustee Ordinance s45, concluded the property should be vested in the appointed trustees in bankruptcy; the property was not needed for administration of the deceased's estate and trustees had been validly appointed, warranting the vesting order.