Asia Disputes Notes
Tag: private wealth and trusts
Showing 36 out of 42 results
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 …
Where's Wally – what happens when a trustee cannot locate the beneficiaries?
In Wah Ying Cheong Co Ltd v Chan Kwok Ping & Ors [2015] HCMP 3059C/1997, the Court held that where a trustee is unable to locate beneficiaries under …
Promises, promises, promises – Hong Kong Court considers inter-vivos gifts and proprietary estoppel
In Li Miaoli and Others v Chan Shu Fong and Others HCA 845/2011, the Court held that a father did not make an inter-vivos gift of shares to his son. …
Hong Kong Court of Final Appeal clarifies the law in respect of shareholders' petitions to wind up foreign companies on just and equitable grounds
In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure …
Hong Kong court revokes letters of administration as administrator makes misrepresentations in affirmation
In Fung Sing Wai v. Chow Chiu Wan and Others, the Court revoked letters of administration on the grounds that the administrator failed to establish that …
The English High Court pierces the corporate veil using the "evasion principle"
In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained …
The Hong Kong court exercises its power to appoint administrators
In ZENG QILING (A MINOR, BY MOTHER AND NEXT FRIEND WANG LIMEI) v. HOU PO CHU ESTELLA AND ANOTHER, the Court exercised its discretion under section 36 of …
Interpretation or rectification --- when and how can the Court uphold an unclear Will according to the testator's intentions
In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and …
England: Extending Mareva injunctions to trustees
Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei …
A cogent explanation as to why a person's name is not on the title deeds is required in claiming beneficial entitlement to a property
In Leung Mee Kuen v Leung Siu Kuen Bessie, two sisters were in dispute over the beneficial ownership of a property. The property had been bought …
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 …
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