Wills, Trusts & Probate

Constructive trust – common intention constructive trust – could be invoked outside “domestic consumer context” (ie, in commercial context) P and D were brothers and, since 1983, tenants in common...
August 2015
Trusts — constructive trust — unauthorised withdrawal of money from estate’s account as loan to administrator — unfair to impose constructive trust on property as sum repaid to estate X, the...
March 2015
Limitation of actions – trusts – claim by beneficiary – whether no limitation period applied pursuant to s.20(1)(b) – “trust property … in the possession of the trustee” under s.20(1)(b) did not...
February 2015
Limitation of actions – trusts – claim by beneficiary – s. 20(1)(b) not applicable to constructive trusts and trustees arising out of knowing receipt or knowing assistance of breach of trust –...
January 2015
News of power and inheritance struggles involving high-profile individuals, like casino king Stanley Ho or the late billionaire NinaWang, never fails to draw public attention. This is probate law at...
March 2014
Presumption of advancement — transfer of property from mother to son A couple provided the capital for a company (“C”) set up by their two sons, including the defendant (“D”), and its first two...
February 2014
Right of executor to institute legal proceedings before obtaining grant of probate The plaintiffs (“Ps”) and the defendant (“D”) were the children of X, the deceased, a foreign national who died...
February 2014
The cliché that “law affects everyday life” rings no truer than when it comes to law relating to family arrangements. Just ask Senior Counsel and family law expert Russell Coleman. As he told Hong...
July 2013
Presumption of advancement — applied in Hong Kong to relationship between mother and adult child — whether evidence of mother’s subsequent conduct admissible to rebut presumption A mother (“M”)...
July 2013
Executor — removal — whether “necessary or convenient” to pass over executor — passed over on basis of hostility between executor and beneficiaries which affected administration The deceased (“X...
July 2013
The world changes. We change. Things change faster than we realise. On the seventh anniversary of the iPhone debut (29 June 2006), children now swipe, splay, pinch and tap long before they hold a...
July 2013
In PD v KWW [2010] 4 HKLRD 191 Hartmann JA in the Court of Appeal said: “A parent having sole custody had the authority to make the final decision on such matters as the child’s education, religious...
July 2013
The Courts have been the primary forum for resolving disputes between divorcing couples. Whilst mediation and collaborative practice are useful supplementary methods for helping parties achieve...
July 2013
The Law Reform Commission of Hong Kong (“LRC”) published in March 2005 its Report on Child Custody and Access (“Report”). After a period of nearly seven years, the Labour and Welfare Bureau (...
July 2013
Family inheritance —whether applicant “in immediate need of financial assistance” The plaintiff (“P”) sought interim maintenance from the substantial estate of her late grandfather (“X”) under the...
June 2013
Entitlement to grant of administration — dispute between two applicants with equal entitlement to grant The deceased (“X”) died intestate leaving seven children - including a son (“C”) and a...
June 2013
Wills, probate and succession —whether empowered to pay part of deceased’s estate’s net income or lump sum for advancement to claimed beneficiary pending determination of probate actions The...
April 2013