LIANG PUI SAW KIAN AND ANOTHER v. LEUNG YUK CHUN AND ANOTHER

LIANG PUI SAW KIAN AND ANOTHER v. LEUNG YUK CHUN AND ANOTHER

The Administratrices' acts (the letter of 13 March 2007 identifying 30% as set aside, court orders permitting sale and distribution of 70%, separate accounting and allocation of funds) constituted a valid appropriation of 30% of the residuary estate to meet clause 3(b)(i); consequently that appropriated 30% (and income from it) is to be distributed equally among the five brothers under clause 5(a).

Citation
LIANG PUI SAW KIAN AND ANOTHER v. LEUNG YUK CHUN AND ANOTHER
Parties
Plaintiff (administratrix): LIANG PUI SAW KIAN alias SUSAN LIANG; Plaintiff (co Administratrix): LAU WU KING LAUREN alias LAUREN LAU; Defendant (beneficiary): TSUI WAI FU (also known as TSUI WAI FU ERIC); Defendant (beneficiary): TSUI WAI KEUNG (also known as TSUI WAI KEUNG BERNARD); Defendant (beneficiary): TSUI WAI KIT (also known as TSUI WAI KIT MICHAEL); Defendant (beneficiary): TSUI WAI CHAU (also known as TSUI WAI CHAU ALBERT)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2016
Case Number
HCMP130/2016
Procedural Posture
Miscellaneous Proceedings (estate/probate) / Judgment (court of First Instance)
Outcome
Held that there was a valid appropriation of 30% of the residuary estate to meet the life‑tenant trust and that the appropriated 30% (and income/funds retained) shall be distributed equally between the five brothers under clause 5(a); various incidental procedural directions made.
Legal Topics
Appropriation, Interpretation of Will, Life Interest, Residuary Distribution, Testamentary Expenses, Accounting
Source Language
EN
Probate and Administration Trusts and Estates Succession Property Law Appropriation Interpretation of Will Life Interest Residuary Distribution +2 more

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Parties

LIANG PUI SAW KIAN alias SUSAN LIANG

Plaintiff (administratrix)

LAU WU KING LAUREN alias LAUREN LAU

Plaintiff (co Administratrix)

TSUI WAI FU (also known as TSUI WAI FU ERIC)

Defendant (beneficiary)

TSUI WAI KEUNG (also known as TSUI WAI KEUNG BERNARD)

Defendant (beneficiary)

TSUI WAI KIT (also known as TSUI WAI KIT MICHAEL)

Defendant (beneficiary)

TSUI WAI CHAU (also known as TSUI WAI CHAU ALBERT)

Defendant (beneficiary)

Procedural Posture

Miscellaneous Proceedings (estate/probate) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether 30% of the residuary estate was validly appropriated to meet life tenants under clause 3(b)(i) and thereby treated as the fund to be distributed under clause 5(a)
  2. 2 Proper interpretation and linkage of clauses 3(b)(i), 4 and 5 of the will
  3. 3 Effect of any appropriation on valuation and distribution among residuary legatees

Ratio Decidendi

The Administratrices' acts (the letter of 13 March 2007 identifying 30% as set aside, court orders permitting sale and distribution of 70%, separate accounting and allocation of funds) constituted a valid appropriation of 30% of the residuary estate to meet clause 3(b)(i); consequently that appropriated 30% (and income from it) is to be distributed equally among the five brothers under clause 5(a).

Court Disposition

Held that there was a valid appropriation of 30% of the residuary estate to meet the life‑tenant trust and that the appropriated 30% (and income/funds retained) shall be distributed equally between the five brothers under clause 5(a); various incidental procedural directions made.

Orders

  • Declared that 30% of the residue was appropriated for the purposes of clause 3(b)(i) and is to be distributed equally between the five brothers pursuant to clause 5(a) on extinction of life interests
  • Approved distribution of proceeds of sale of other properties pursuant to clause 5(b)-(f) and recognition of separate capital accounts allocated to clause 5(a) and 5(b)-(f)