May 24, 2022
Kan Yuk Sum v. Kan Yuk Shing  HKCFI 1532; HCMP 1150/2021
Ronald recently appeared on behalf of an executor in an O.85 rule 2 Rules of the High Court administration action on whether an executor had the power to assent a property when the relevant will specified that the property was to be sold and converted into cash.
The court took the preliminary view that an executor indeed had the power to assent to the property as it amounted to an exercise of appropriation under section 68 of the Probate & Administration Ordinance but ultimately took the view that an order for sale would be more practical and convened the parties to come to such an agreement. The issue of whether a beneficiary commencing an administration action as if he was an executor also arose and whether he was entitled to costs out of the estate and on a trustee basis.
The judgement is available here.
Probate, Trust and Estate Administration is one of Ronald’s main area of practice and he has acted in a plethora of cases dealing with issues arising from estates and trust, including validity of wills, applications for estate accounts, removal of personal representatives and similar matters.
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