Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Missing beneficiary

Legal area

Court

27 Sept 2024

RE WONG FUNG FONG and TANG TIM FUK, the co-administrators of the estate of LIN FAT WONG also known as WONG LIN FAT, the deceased

Citation

[2024] HKCFI 2686
Court

Court of First Instance
Case number

HCMP1750/2024

Given exhaustive and credible tracing efforts over 25 years, the surrender of keys by MMK, the small size of the residuary estate, the low likelihood that further inquiries would yield a claimant and the prejudice to known beneficiaries from indefinite delay, the court exercised its supervisory jurisdiction to grant a Benjamin Order authorizing distribution on the footing that MMK died intestate and without issue and refused the alternative to require payment into court.
28 Jul 2022

YU YEE LUEN AND ANOTHER v. SO YU LUNG AND OTHERS

Citation

[2022] HKCFI 2403
Court

Court of First Instance
Case number

HCMP487/2022

The executrices made adequate and exhaustive enquiries over a prolonged period such that it is highly unlikely further efforts would locate the missing beneficiary; the defendants do not oppose; accordingly a Benjamin order is justified to permit distribution on the footing that the missing beneficiary predeceased the testator without leaving issue, and costs are to be paid out of the estate and taxed on a trustee basis.