22 Aug 2024
Applicant established deceased trustee’s legal title, his own beneficial entitlement and assignment, the existence of the trust, and the absence of any personal representative; those facts constituted clear evidence justifying an ex‑parte final vesting order under s45(e), therefore the court removed the deceased as trustee and vested the Properties in the applicant absolutely.
28 Mar 2024
The court granted the vesting order because the applicants provided clear and satisfactory evidence of legal title (registered Assignment), the existence of a trust and their beneficial entitlement (registered Declaration of Trust), the trustee's death, and the absence of any personal representative in Hong Kong or the USA, thereby satisfying the statutory conditions for a vesting order under s45(e) and s57(1).
6 Mar 2019
Where a trustee holding land under a declared trust has died and no personal representative exists to continue the trusteeship, the court will exercise its statutory jurisdiction under section 45(e) Trustee Ordinance to vest the trust property in the person entitled (here the administratrix) and order registration in that person's name.
22 Nov 2018
Because Chau Kwai-lan held the legal estate on trust for the applicant, Chau died leaving no personal representative, a valid notice of severance had been given creating a tenancy in common, and there were no other persons requiring service or contesting the application, the court was entitled under section 45 Trustee Ordinance to make a vesting order vesting the legal estate in the applicant and to grant the amendment to the applicant's name.
12 Sept 2018
The Court has statutory power under section 45(e) of the Trustee Ordinance to make a vesting order where a deceased trustee has no personal representative and the facts (trust assignment to father while applicant was a minor and father's death without probate) satisfy the criteria; accordingly a vesting order in favour of the applicant is appropriate and the application may proceed ex parte.
20 Sept 2012
Because the applicants together were absolutely entitled to the property and its net sale proceeds, and no personal representatives of the deceased trustee could be identified, the court found it appropriate and expedient to exercise its power under the Trustee Ordinance to vest the right to receive the net proceeds of sale in the applicants and therefore ordered vesting.