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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 …
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 …
Privy Council deals with Jurisdictional Clauses in Trusts
Crociani & O'rs v Crociani & O'rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced …
English High Court upholds disclosure order regarding interests of a beneficiary under discretionary trusts
In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Sergei Viktorovich Pugachev and Others [2014] EWHC 3547 (Ch), the English High Court upheld a …
Ongoing Nina Wang saga: Hong Kong Court of Appeal grants leave for Chinachem Charitable Foundation to appeal to the Court of Final Appeal
The Court of Appeal ("CA") dismissed Chinachem Charitable Foundation Limited's (the “Foundation”) appeal on 11 April 2014 and held that Nina Wang had …
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Richard Norridge
Partner, Head of Private Wealth and Charities, UK and EMEA, London
Anna Sutherland
Partner, Sydney