Re Chan Cheuk Yin

HCMP 2855/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2855 OF 2013

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J U D G M E N T

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1.This is an application by Chan Cheuk Yin the administrator of the estate of Chan Kin Ping ("the deceased") for a vesting order in relation to the property known as Lot No. 807 in Demarcation District No. 450, Tsuen Wan ("the property").

2.The property was granted to "Chan Kin-ping with Hung Sam-fung as trustee" by New Grant No. 4102 dated 19^th October 1963. Accordingly, the deceased who died on 15^th October 1997 was the sole beneficiary entitled to the property.  However during his lifetime title to the property remained vested in the trustee.

3.Letters of administration to the estate of the deceased were granted to the applicant on 15^th June 2012.

4.Hung Sam-fung ("the trustee") died on 26^th July 2012. There has been no grant of letters of administration or probate to the trustee’s estate.

5.In those circumstances, I am satisfied that section 45(e) of the Trustee Ordinance applies and that a vesting order should be made vesting the property in the applicant as administrator of the estate of the deceased.

Mr D Fan of Fan & Co, for the applicant