Hong Kong Case Law: Decisions & Judgments

Topic

Deceased trustee

Legal area

Court

14 Apr 2023

IP CHEN MING aka CHEN MING IP v. IP CHEU KEUNG aka CHEN (or CHEU) KEUNG IP AND ANOTHER

Citation

[2023] HKCFI 996
Court

Court of First Instance
Case number

HCMP367/2023

Madam Yau, the trustee of record, had died and no personal representative had been appointed; this falls within section 45(e) of the Trustee Ordinance, authorising the court to make a vesting order. On the evidence and given there was no one to be served, the court properly heard the matter ex parte and vested the Properties in the Applicants as tenants in common in equal shares.
7 Sept 2022

RE NG SHU WAN also known as NG SHU WAN

Citation

[2022] HKDC 963
Court

District Court
Case number

DCMP1775/2022

Because no personal representative of the deceased trustee could be identified and the applicant established his beneficial entitlement and identity with supporting documentary evidence, the court had jurisdiction under section 45(e) to vest the legal estate in the applicant and therefore granted the vesting order.
6 Mar 2019

RE AN APPLICATION BY CHAN LAI MING

Citation

[2019] HKDC 300
Court

District Court
Case number

DCMP3044/2018

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.
12 Sept 2013

RE LAM PAK HING

Citation

RE LAM PAK HING
Court

Court of First Instance
Case number

HCMP573/2013

Because there was no personal representative of the deceased trustee, the trusteeship had served its purpose, and the applicant had produced necessary authorisations, the court was entitled under section 45(e) of the Trustee Ordinance to make a vesting order in terms of the originating summons and to hear the application ex parte.
5 Mar 2013

RE CHEUNG PO ON

Citation

RE CHEUNG PO ON
Court

Court of First Instance
Case number

HCMP257/2013

Given the trustee died without any personal representative and the applicant is the clear beneficiary, the court exercised its statutory power under s45 Trustee Ordinance to grant a vesting order on an ex parte originating summons and vested the property absolutely in the applicant.

Hong Kong Case Law

IP CHEN MING aka CHEN MING IP v. IP CHEU KEUNG aka CHEN (or CHEU) KEUNG IP AND ANOTHER

RE NG SHU WAN also known as NG SHU WAN

RE AN APPLICATION BY CHAN LAI MING

RE LAM PAK HING

RE CHEUNG PO ON