Hong Kong Case Law: Decisions & Judgments

Topic

Delivery up of estate assets

Legal area

Court

22 Sept 2022

CHEUNG LAI MING v. CHEUNG HON WAH, Administrator of the estate of ZHANG KE YI and in his personal capacity

Citation

[2022] HKCFI 2942
Court

Court of First Instance
Case number

HCMP582/2022

The court found established grounds for removal of the administrator—substantial and unjustified delay in administration and repeated failure to keep and render accounts—and therefore allowed the originating summons, removing the 1st defendant as administrator and ordering rendition of accounts and delivery up of assets in terms of the draft order as amended.
2 Oct 2018

已故鄧劍如的遺產管理人鄧浩泓對鄧群德

Citation

[2018] HKCFI 2220
Court

Court of First Instance
Case number

HCMP1254/2017

The court rejected the defendant's trust and will-based explanations as not credible and inconsistent with his prior sworn statements and contemporaneous bank records; it found the accounts were in the deceased's name and therefore part of the estate, that the defendant had withdrawn and converted those sums into the assets listed in Attachments 2–4, and ordered the defendant to deliver those assets and any accumulated dividends to the estate within 28 days.
17 Oct 2016

LI LIM CHI DOROTHY, the Sole Administratix of the Estate of LI WAN LUNG, Deceased v. LIN FUNG INDUSTRIAL COMPANY AND ANOTHER

Citation

LI LIM CHI DOROTHY, the Sole Administratix of the Estate of LI WAN LUNG, Deceased v. LIN FUNG INDUSTRIAL COMPANY AND ANOTHER
Court

Court of First Instance
Case number

HCMP1695/2015

The business carried on by the deceased (Old Lin Fung) can form part of the estate; there is sufficient prima facie evidence that machinery/assets in the PRC were acquired by Old Lin Fung and are now registered in the name of New Lin Fung; because PRC procedural requirements mean the administratrix cannot deal with those assets unless she is registered as the sole proprietor of New Lin Fung, the court granted an Order under Order 85 directing the 2nd respondent to procure registration of the applicant as sole proprietor and to deliver documents so the estate can collect and assert its rights…
5 Feb 2015

YUEN KIM FUNG v. YUEN KIM WA, ADMINISTRATOR OF THE ESTATE OF YUEN WING SUM, DECEASED

Citation

YUEN KIM FUNG v. YUEN KIM WA, ADMINISTRATOR OF THE ESTATE OF YUEN WING SUM, DECEASED
Court

Court of First Instance
Case number

HCMP2076/2014

Defendant's admitted long-term drug addiction, failure to notify beneficiaries, failure to provide a proper court-ordered account, evidence of withdrawals and personal expenditure and the consequent risk of misappropriation meant the due and proper administration of the estate and beneficiaries' interests required removal under s.33(3); applicant, as next in priority under intestacy rules, was substituted and orders for delivery up and vesting were appropriate.

Hong Kong Case Law

CHEUNG LAI MING v. CHEUNG HON WAH, Administrator of the estate of ZHANG KE YI and in his personal capacity

已故鄧劍如的遺產管理人鄧浩泓 對 鄧群德

LI LIM CHI DOROTHY, the Sole Administratix of the Estate of LI WAN LUNG, Deceased v. LIN FUNG INDUSTRIAL COMPANY AND ANOTHER

YUEN KIM FUNG v. YUEN KIM WA, ADMINISTRATOR OF THE ESTATE OF YUEN WING SUM, DECEASED

已故鄧劍如的遺產管理人鄧浩泓對鄧群德