Tag: private wealth and trusts
Showing 12 out of 42 results
Herbert Smith Freehills secures further victory in Hong Kong's Court of Appeal for bank in defending liquidator claim for fraud
Hong Kong Court holds that trust has more advantages than gift for a mentally incapacitated person
Two bites of the cherry? Res judicata and abuse of process
TRUSTEES TAKE COMFORT – HIGH COURT UPHOLDS BROAD SCOPE OF EXONERATION CLAUSES
Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such, it is generally difficult for a …
HONG KONG HIGH COURT REVERTS DEPARTURE FROM GENERAL RULE ON COSTS IN DISPUTE BETWEEN BROTHERS
Background In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the …
Hong Kong Court considers tests for dishonesty and blind-eye knowledge in dishonest assistance claims
In Re Galleria (Hong Kong) Limited [2019] HKCFI 1877, the Hong Kong Court of First Instance examined the legal principles in relation to dishonesty and …
"Dishonesty at its highest level and gravity" – when solicitors commit offences against client estates
This blog post will consider a number of recent cases in England where solicitors have been convicted of offences or struck off the register for …
English Court resolves dispute between parties as to who should hold the power to appoint trustees following settlor's death
The English High Court has recently approved an application to change the provision of a trust deed relating to the appointment of new trustees.[1] The …
Widow removed as administratrix after persistent breaches in administering the estate
The Hong Kong Court has recently ordered the removal of an administratrix, who was the widow of the deceased, after finding she had misappropriated and …
Wills interpreted according to their ordinary and natural meaning despite this not reflecting testators' intention
The English High Court has recently held that, in a case concerning construction of Wills, the ordinary and natural meaning of survivorship clauses …
UK: Deceased's "husband" and daughter both unable to obtain letters of administration
The English High Court has recently refused to grant letters of administration to a deceased's daughter (the "Claimant") despite her having the highest …
Hong Kong Court of Appeal affirms law on express, constructive and resulting trust
The Hong Kong Court of Appeal ("CA") in Ip Fung Kuen v Sam Kee Frozen Meat Co Ltd and others (CACV 107/2016) recently affirmed the well-established …
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