Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Removal of executor under s33(3) pao

Legal area

Court

4 Dec 2023

ANG JIMMY TJUN MIN v. ANG EILEEN AND ANOTHER

Citation

[2023] HKCFI 3120
Court

Court of First Instance
Case number

HCMP94/2022

Given the entrenched conflict of interests, mutual mistrust and multiplicity of litigations between the executor and beneficiaries, the breakdown of relations would lead to difficulty if not impossibility in completing administration; the court removed Jimmy (and precluded Eileen acting) and appointed a sole independent administrator without determining merits of the EWB litigations because removal is justified to secure due and proper administration under s33(3).
25 Apr 2023

CHAN KAM SHING ALEXANDER v. CHAN TIN YAU

Citation

[2023] HKCFI 1092
Court

Court of First Instance
Case number

HCMP85/2022

The Last Will dated 17 April 2019 was duly executed, Mimi had testamentary capacity and knew and approved its contents, and thus the will is to be propounded; separately, the defendant’s sustained obstructive, irrational and irresponsible conduct after Mimi’s death endangered the estate, caused financial loss and made administration impracticable, thereby satisfying the court’s discretion under s33(3) PAO to remove him as co-executor and grant probate to the plaintiff alone with indemnity costs to censure the defendant.