Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 85

ADMINISTRATION AND SIMILAR ACTIONS

1. Interpretation (O. 85, r. 1)

In this Order "administration action" (遺產管理訴訟) means an action for
the administration under the direction of the Court of the estate of a
deceased person or for the execution under the direction of the Court of a
trust.

2. Determination of questions, etc., without
administration (O. 85, r. 2)

(1) An action may be brought for the determination of any question or for any
relief which could be determined or granted, as the case may be, in an
administration action and a claim need not be made in the action for the
administration or execution under the direction of the Court of the estate or
trust in connection with which the question arises or the relief is sought.

(2) Without prejudice to the generality of paragraph (1), an action may be
brought for the determination of any of the following questions-

   (a)  any question arising in the administration of the estate of a deceased
        person or in the execution of a trust;

   (b)  any question as to the composition of any class of persons having a
        claim against the estate of a deceased person or a beneficial interest
        in the estate of such a person or in any property subject to a trust;

   (c)  any question as to the rights or interests of a person claiming to be
        a creditor of the estate of a deceased person or to be entitled under
        a will or on the intestacy of a deceased person or to be beneficially
        entitled under a trust.

(3) Without prejudice to the generality of paragraph (1), an action may be
brought for any of the following reliefs-

   (a)  an order requiring an executor, administrator or trustee to furnish
        and, if necessary, verify accounts;

   (b)  an order requiring the payment into court of money held by a person in
        his capacity as executor, administrator or trustee;

   (c)  an order directing a person to do or abstain from doing a particular
        act in his capacity as executor, administrator or trustee;

   (d)  an order approving any sale, purchase, compromise or other transaction
        by a person in his capacity as executor, administrator or trustee;

   (e)  an order directing any act to be done in the administration of the
        estate of a deceased person or in the execution of a trust which the 
        Court could order to be done if the estate or trust were being
        administered or executed, as the case may be, under the direction of
        the  Court.

3. Parties (O. 85, r. 3)

(1) All the executors or administrators of the estate or trustees of the
trust, as the case may be, to which an administration action or such an action
as is referred to in rule 2 relates must be parties to the action, and where
the action is brought by executors, administrators or trustees, any of them
who does not consent to being joined as a plaintiff must be made a defendant.

(2) Notwithstanding anything in Order 15, rule 4(2), and without  prejudice to
the powers of the Court under that Order, all the persons having a beneficial
interest in or claim against the estate or having a beneficial interest under
the trust, as the case may be, to which such an action as is mentioned in
paragraph (1) relates need not be parties to the action; but the plaintiff may
make such of those persons, whether all or any one or more of them, parties
as, having regard to the nature of the relief or remedy claimed in the action,
he thinks fit.

(3) Where, in proceedings under a judgment or order given or made in an action
for the administration under the direction of the Court of the estate of a
deceased person, a claim in respect of a debt or other liability is made
against the estate by a person not a party to the action, no party other than
the executors or administrators of the estate shall be entitled to appear in
any proceedings relating to that claim without the leave of the Court, and
the Court may direct or allow any other party to appear either in addition to,
or in substitution for, the executors or administrators on such terms as to
costs or otherwise as it thinks fit.

4. Grant of relief in action begun by
originating summons (O. 85, r. 4)

In an administration action or such an action as is referred to in rule 2,
the Court may make any certificate or order and grant any relief to which the
plaintiff may be entitled by reason of any breach of trust, wilful default or
other misconduct of the defendant notwithstanding that the action was begun by
originating summons, but the foregoing provision is without prejudice to the
power of the Court to make an order under Order 28, rule 8, in relation to the
action.

5. Judgments and orders in administration 
actions (O. 85, r. 5)

(1) A judgment or order for the administration or execution under the
direction of the Court of an estate or trust need not be given or made unless
in the opinion of the Court the questions at issue between the parties cannot
properly be determined otherwise than under such a judgment or order.

(2) Where an administration action is brought by a creditor of the estate of a
deceased person or by a person claiming to be entitled under a will or on the
intestacy of a deceased person or to be beneficially entitled under a trust,
and the plaintiff alleges that no or insufficient accounts have been furnished
by the executors, administrators or trustees, as the case may be, then,
without prejudice to its other powers, the Court may-

   (a)  order that proceedings in the action be stayed for a period specified
        in the order and that the executors, administrators or trustees, as
        the case may be, shall within that period furnish the plaintiff with
        proper accounts;

   (b)  if necessary to prevent proceedings by other creditors or by other
        persons claiming to be entitled as aforesaid, give judgment or make an
        order for the administration of the estate to which the action relates
        and include therein an order that no proceedings are to be taken under
        the judgment or order, or under any particular account or inquiry
        directed, without the leave of the judge.

6. Conduct of sale of trust property (O. 85, r. 6)

Where in an administration action an order is made for the sale of any
property vested in executors, administrators or trustees, those executors,
administrators or trustees, as the case may be, shall have the conduct of the
sale unless the Court otherwise directs.