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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 …
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 …
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 …
Showing 312 out of 362 results
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Richard Norridge
Partner, Head of Private Wealth and Charities, UK and EMEA, London
Anna Sutherland
Partner, Sydney