Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trustee ordinance s45(e)

  • 5 Sept 2024

    RE CHEUNG SAI YIN

    Citation
    [2024] HKCFI 2352
    Court
    Court of First Instance
    Case number
    HCMP1053/2024

    Applicant proved by clear documentary evidence (Land Registry memorials, Approval of Succession, statutory declaration and certified death entry) that he is the beneficial owner of the half shares, that those shares were held by his mother as trustee who died intestate without a personal representative, and therefore the court was justified under section 45(e) of the Trustee Ordinance to vest the legal title of the half shares in the Applicant absolutely.

  • 26 Oct 2022

    RE WONG YIU FAI

    Citation
    [2022] HKDC 1197
    Court
    District Court
    Case number
    DCMP3010/2022

    With the trustee deceased and no personal representative appointed, the applicant satisfied the condition in section 45(e) of the Trustee Ordinance and the court was empowered and should exercise that power to make a vesting order in the applicant's favour; the order was therefore made in terms of paragraph 1 of the Originating Summons dated 11 August 2022.

  • 10 Sept 1999

    TO SAN WA AND OTHERS v. TO YING LUN, Deceased

    Citation
    TO SAN WA AND OTHERS v. TO YING LUN, Deceased
    Court
    Court of First Instance
    Case number
    HCMP6018/1998

    The court found on the evidence that the land was held on a bare trust for Madam Lam Shi who intended to divest her beneficial interest, that the trustee died intestate leaving legal title in his estate and that the plaintiffs were rightful transferees; accordingly, exercising the power under Trustee Ordinance s45(e) the court vested the legal estates described in the schedules in the 1st to 6th Plaintiffs subject to the plaintiffs' undertaking to file an affirmation exhibiting the power of attorney to cure a gap in the chain of title.