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Admissibility of evidence from mentally incapacitated individuals
A recent Hong Kong case sheds light on the difficult question of how to handle evidence from dementia sufferers. In Chan Sung Lai v Chan Sung Lim Paul …
Donatio mortis causa – not a way to validate an invalid will
In King v The Chiltern Dog Rescue [2015] EWCA Civ 581, the English Court of Appeal had to decide whether to overturn a decision of the Chancery Division …
Trustee is piggy in the middle – can he just give up?
In In the matter of the Y Trust [2015] JRC 059, the Royal Court of Jersey was called upon to decide whether a trustee could surrender its power to …
Varying tests for mental capacity – what principles apply when?
As lawyers specializing in mental capacity issues, particularly as they apply to property transfers and wills, we are often asked what test applies, and …
The Hong Kong courts have considered a complex case dealing with probate, liquidation and contempt of court
The defendants ("Koo" and "Ling") were the third wife and daughter of a Mr Lim Por Yen. They were directors of Highfit Development Co Ltd, a company in …
Sunday Times richlister's estate worth 3% of what his widow expected – what can she do about it?
In the case of Dellal v Dellal [2015] EWHC 907 (Fam) Jack Dellal's widow was expecting his estate to be worth over £450m. However, after probate …
Conflicts of interest: executors and business partners
The Hong Kong High Court has been strict in its application of the rule that a trustee cannot benefit through the use of trust property or by virtue of …
Wife failed to prove her interest in her matrimonial home after her husband said it was too troublesome to add her as a co-owner
The Court of Appeal ("CA") in Mo Ying v Brillex Development Limited and Another CACV 120/2014 affirmed the decision of the Court of First Instance to …
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 …
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 …
How should trustees react to foreign divorce proceedings?
In the matter of the Representation of HSBC Trustee International Limited [2011] JRC 167 and [2014] JRC 254A Facts The case concerned a divorcing …
Hong Kong High Court finds trust on basis of co-habitants' enforceable oral agreement
The High Court of Hong Kong in Ching Chi Sau v. Yip Woon Yin Judy And Another has found in favour of a non-registered owner claiming beneficial …
Showing 24 out of 25 results
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Simon Chapman KC
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