26 Oct 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.
27 Jun 2018
Beneficiary reached majority and the sole trustee died with no probate or administration pending; section 45 Trustee Ordinance empowers the court to vest the land in the beneficiary; therefore a vesting order should be made as sought in the originating summons.
18 Apr 2016
The court exercised its power under section 45(e) of the Trustee Ordinance to make a vesting order because there is no personal representative of the deceased trustee who was recorded in the registered memorial and the memorial, together with the historical succession documentation, justified vesting the specified undivided one‑third share of the lots in the applicant as trustee for the beneficiary Chun.
28 Mar 2001
Where trust property remains registered in the name of a deceased trustee and the beneficiary has died leaving an administrator, the court will, pursuant to sections 45 and 46 of the Trustee Ordinance, vest the property in the administrator; a full hearing is unnecessary where the facts are clear and the application is uncontested.