Hong Kong Court refused to make a grant of administration ad colligenda bona for lack of special circumstances and special justification

In Re Oung Chi Lian Fang (HCMP2347/2015), the Hong Kong High Court refused an ex parte application for a grant of administration ad colligenda bona under s.36 of the Probate and Administration Ordinance. Introduction Ad colligenda bona grants are temporary limited grants for administration of deceased estates.  They are made in emergencies, when there is … Read more

Hong Kong Court of Appeal ascertains intent in the transfer of shares

In the recent case of LWYA v KYW (CACV 151/2013); LLP v LWYA (152/2013), the Court of Appeal dismissed an appeal against the determination of a preliminary issue in an application for ancillary relief. The Court of Appeal agreed with the Court of First Instance and ruled that certain shares transferred to a wife by … Read more

Hong Kong court rules on estate administrator’s breach of fiduciary duties

In Tang Ying Loi v. Tang Ying Ip alias Tang Ying Yip and others (HCA 2487/2009), the Court of First Instance held that the defendants, who were appointed as estate administrators, breached their fiduciary duties by (i) unlawfully withdrawing money from the estate’s bank account to purchase property for their own benefit and (ii) failing … Read more