YUNG SHU WU v. VIVIENNE SUNG WU alias SUNG PING VIVIENNE AND OTHERS

YUNG SHU WU v. VIVIENNE SUNG WU alias SUNG PING VIVIENNE AND OTHERS

On the evidence the court found that KS intended and effected gifts of his interests in Good Harvest, Vacha and Hacienda to Vivienne about 27 December 2001 (completed upon adding her as signatory and by conduct); therefore the moneys and securities in the accounts of those companies belonged to Vivienne to the exclusion of KS and his estate and the clause in the Last Will could not defeat those completed gifts.

Citation
YUNG SHU WU v. VIVIENNE SUNG WU alias SUNG PING VIVIENNE AND OTHERS
Parties
Plaintiff Executor of the Estate of the Deceased: Yung Shu Wu; 1st Defendant: Vivienne Sung Wu alias Sung Ping; 2nd Defendant: Geraldine Amber Wu; 3rd Defendant: Christopher Charles Wu; 4th Defendant: Sean Edward Wu; 5th Defendant: Good Harvest Capital Limited; 6th Defendant: Hacienda Pacific Limited; 7th Defendant: Vacha Limited; 8th Defendant: The Bank of East Asia Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2008
Case Number
HCMP4073/2003
Procedural Posture
Trusts and Probate — Will Construction and Declaration / Judgment (court of First Instance, High Court)
Outcome
Declaration that the moneys and securities in the bank accounts of Good Harvest, Vacha and Hacienda, as particularised in Vivienne's counterclaim schedules, have since about 27 December 2001 belonged to Vivienne to the exclusion of KS and his estate; order nisi for costs in favour of defendants.
Legal Topics
Specific Bequest, Inter Vivos Gift, Beneficial Ownership of Company Held Funds, Construction of Wills, Declaration, Costs
Source Language
EN
Trusts Probate Wills Equity Company/commercial Specific Bequest Inter Vivos Gift Beneficial Ownership of Company Held Funds +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Yung Shu Wu

Plaintiff Executor of the Estate of the Deceased

Vivienne Sung Wu alias Sung Ping

1st Defendant

Geraldine Amber Wu

2nd Defendant

Christopher Charles Wu

3rd Defendant

Sean Edward Wu

4th Defendant

Good Harvest Capital Limited

5th Defendant

Hacienda Pacific Limited

6th Defendant

Vacha Limited

7th Defendant

The Bank of East Asia Limited

8th Defendant

Procedural Posture

Trusts and Probate — Will Construction and Declaration / Judgment (court of First Instance, High Court)

Legal Issues

  1. 1 Whether the clause in the Last Will effected a specific bequest of the stated sums or of balances at a particular time
  2. 2 Whether KS completed inter vivos gifts of his interests in the three companies to Vivienne around 27 December 2001
  3. 3 Whether moneys and securities in the bank accounts of Good Harvest, Vacha and Hacienda were beneficially owned by Vivienne or by KS/the estate

Ratio Decidendi

On the evidence the court found that KS intended and effected gifts of his interests in Good Harvest, Vacha and Hacienda to Vivienne about 27 December 2001 (completed upon adding her as signatory and by conduct); therefore the moneys and securities in the accounts of those companies belonged to Vivienne to the exclusion of KS and his estate and the clause in the Last Will could not defeat those completed gifts.

Court Disposition

Declaration that the moneys and securities in the bank accounts of Good Harvest, Vacha and Hacienda, as particularised in Vivienne's counterclaim schedules, have since about 27 December 2001 belonged to Vivienne to the exclusion of KS and his estate; order nisi for costs in favour of defendants.

Orders

  • Declaration that the moneys and securities in the bank accounts in the names of Good Harvest Capital Limited, Vacha Limited and Hacienda Pacific Limited as set out in schedules 1A, 1B and 1C of the 1st Defendant's counterclaim have since about 27 December 2001 belonged to Vivienne Sung Wu to the exclusion of Kwang...
  • Order nisi that the plaintiff pay all defendants their costs of these proceedings.