29 Jul 2021
XIE WEN YUAN (谢文辕) a minor by HE JUN (何君) his next friend and mother v. ZENG MEI YU (曾美玉), the Administrator of the estate of XIE HUIZHANG (謝會章), deceased
- Citation
- [2021] HKCFI 2226
- Court
- Court of First Instance
- Case number
- HCMP659/2019
The court rejected the proprietary claim to specific estate assets, accepted that the proper basis for relief was a preservation order under O 29 r 2, found a real risk to the minor beneficiary's entitlement given non‑disclosure and past undisclosed disposals, admitted the solicitor's affirmations in part but ignored unsupported assertions, and ordered preservation by requiring the administrator to pay into court a sum reflecting the plaintiff's one‑sixth entitlement in respect of disposed properties and to notify solicitors of future sales.