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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 …
Whose house is it anyway? Hong Kong Court grapples with constructive and resulting trusts
In Cheung Hon Hung v Siu Wai Chun, the personal relationship between the plaintiff and the defendant had broken down, and they were in dispute over a …
Recovering assets from an estate without challenging a will
In Leung Chung Ching Edwin and Wong Fung San Hanny v The Estate of Leung On Mei Amy, deceased, the Court of First Instance held that the parents of the …
Changes to inheritance and intestacy rules in England and Wales may affect overseas property investors
The English Inheritance and Trustees' Powers Act 2014 received Royal Assent on 24 May 2014 and is expected to come into force on 1 October 2014. The …
The power behind the throne: costs orders against a non-party
The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the …
Breakdown of Trust: Important Court of Final Appeal divorce ruling reaffirms the Court's power to consider assets held in trust as part of the matriomonial estate and the presumption of the equal division of assets
The case of Poon Lok Otto v Kan Lai Kwan Kay and HSBC International Trustee Ltd. arose out of the high-profile divorce of a wealthy couple and the …
English Court of Appeal confirms account of profits available as remedy for dishonest assistance
Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …
English High Court considers the effect of invalidly appointed trustees
In Jasmine Trustees Ltd v Wells & Hind (A Firm) [2007] EWHC 38, the High Court of England and Wales interpreted "individuals" in Section 37(1)(c) of …
Hong Kong Court tackles Beddoe applications and Bartlett clauses
The case of Highmax Overseas Ltd v Chau Kar Hon Quinton considers the interaction of two issues very relevant to trustees (particularly trustees of trust …
UK Government's response on corporate transparency published
The UK Government, in particular its Department for Business, Innovation and Skills (BIS), has recently published a response to its “Transparency & …
Hong Kong Court of Appeal upholds Court of First Instance decision that billionaire had bequeathed her fortune as a charitable trust and not an absolute gift
Following the Court of First Instance ("CFI") decision of 22 February 2013 (see previous blog post for details), an appeal was brought to the Court of …
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