HONG KONG BANK TRUSTEE LTD. AND ANOTHER v. FU CHUI YING AND OTHERS

HONG KONG BANK TRUSTEE LTD. AND ANOTHER v. FU CHUI YING AND OTHERS

On construction of the will in light of surrounding circumstances and contemporaneous instructions, 'Oxfam Ethopia Fund' referred to Oxfam Hong Kong (the Company) and the residuary gifts were valid gifts to the Company earmarked for its charitable work in Ethiopia; contemporaneous written instructions were admissible to resolve factual ambiguity and the falsa demonstratio principle applied to the misdescription.

Citation
HONG KONG BANK TRUSTEE LTD. AND ANOTHER v. FU CHUI YING AND OTHERS
Parties
1st Plaintiff: HONG KONG BANK TRUSTEE LIMITED; 2nd Plaintiff: HONG KONG BANK INTERNATIONAL TRUSTEE LIMITED; 1st Defendant: FU CHUI YING; 2nd Defendant: WONG WAI BUN; 3rd Defendant: WONG CHI BUN; 4th Defendant: WONG CHI FONG; 5th Defendant: WONG MUI FONG; 6th Defendant: WONG MAN LAI; 7th Defendant: WONG WAI LAI; 8th Defendant: WONG WAI KUK; 9th Defendant: OXFAM HONG KONG; 10th Defendant: THE ATTORNEY GENERAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 1994
Case Number
HCMP1754/1993
Procedural Posture
Will Construction / Judgment on Construction Summons
Outcome
Declared that the gifts in Clauses 6(c)(i) and 6(c)(ii) to 'The Oxfam Ethopia Fund' are valid gifts to Oxfam Hong Kong, earmarked for its charitable work in Ethiopia.
Legal Topics
Construction of Will, Falsa Demonstratio, Admissibility of Extrinsic Evidence to Identify Legatee, Charitable Gifts and Earmarking, Presumption Against Intestacy
Source Language
EN
Wills and Probate Charity Law Trusts Evidence Construction of Will Falsa Demonstratio Admissibility of Extrinsic Evidence to Identify Legatee Charitable Gifts and Earmarking +1 more

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Parties

HONG KONG BANK TRUSTEE LIMITED

1st Plaintiff

HONG KONG BANK INTERNATIONAL TRUSTEE LIMITED

2nd Plaintiff

FU CHUI YING

1st Defendant

WONG WAI BUN

2nd Defendant

WONG CHI BUN

3rd Defendant

WONG CHI FONG

4th Defendant

WONG MUI FONG

5th Defendant

WONG MAN LAI

6th Defendant

WONG WAI LAI

7th Defendant

WONG WAI KUK

8th Defendant

OXFAM HONG KONG

9th Defendant

THE ATTORNEY GENERAL

10th Defendant

Procedural Posture

Will Construction / Judgment on Construction Summons

Legal Issues

  1. 1 Whether the residuary bequest to 'Oxfam Ethopia Fund' referred to an existing legal entity or lapsed because the named entity did not exist
  2. 2 Whether extrinsic written instructions of the testator are admissible to resolve ambiguity as to the identity of the legatee
  3. 3 Whether the false description (misspelling/misdescription) vitiates the gift or can be rectified by application of falsa demonstratio

Ratio Decidendi

On construction of the will in light of surrounding circumstances and contemporaneous instructions, 'Oxfam Ethopia Fund' referred to Oxfam Hong Kong (the Company) and the residuary gifts were valid gifts to the Company earmarked for its charitable work in Ethiopia; contemporaneous written instructions were admissible to resolve factual ambiguity and the falsa demonstratio principle applied to the misdescription.

Court Disposition

Declared that the gifts in Clauses 6(c)(i) and 6(c)(ii) to 'The Oxfam Ethopia Fund' are valid gifts to Oxfam Hong Kong, earmarked for its charitable work in Ethiopia.

Orders

  • Declaration that the residuary bequests to 'The Oxfam Ethopia Fund' are valid as gifts to Oxfam Hong Kong for its Ethiopia work
  • Order nisi that all parties are to have their costs from the estate, taxed on a common fund basis