TCG AND OTHERS v. TCS AND ANOTHER

TCG AND OTHERS v. TCS AND ANOTHER

Clause 2 ('名下所有(不論在世界任何地方)的財産') must be read expansively in the context of the Joint Will and its provisions; the Joint Will governs all assets of the testator wherever situate and includes assets beneficially owned but held in the name of others on trust. The holistic reading (life interest to surviving spouse, clear testamentary intention to favour charities, impracticality of leaving assets to fall into intestacy) supports the wide construction.

Citation
TCG AND OTHERS v. TCS AND ANOTHER
Parties
1st Plaintiff: TCG; 2nd Plaintiff: TYK; 3rd Plaintiff: TCP; 4th Plaintiff: TCH; 1st Defendant (executrix and Trustee): TCS; 2nd Defendant (parens Patriae, Watching Brief): Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 September 2013
Case Number
HCMP246/2013
Procedural Posture
Will Construction Originating Summons / Judgment (court of First Instance, Hcmp246/2013)
Outcome
Court holds the Joint Will governs all assets of the Father including assets beneficially owned but held in the name of others; plaintiffs' narrower construction rejected.
Legal Topics
Construction of Will, Beneficial Ownership, Extrinsic Evidence, Intestacy, Family Arrangements
Source Language
EN
Wills and Probate Trusts Charity Law Succession Construction of Will Beneficial Ownership Extrinsic Evidence Intestacy +1 more

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Parties

TCG

1st Plaintiff

TYK

2nd Plaintiff

TCP

3rd Plaintiff

TCH

4th Plaintiff

TCS

1st Defendant (executrix and Trustee)

Secretary for Justice

2nd Defendant (parens Patriae, Watching Brief)

Procedural Posture

Will Construction Originating Summons / Judgment (court of First Instance, Hcmp246/2013)

Legal Issues

  1. 1 Whether the Joint Will governs only assets held in the deceased's name or also assets beneficially owned but held in the name of others on trust

Ratio Decidendi

Clause 2 ('名下所有(不論在世界任何地方)的財産') must be read expansively in the context of the Joint Will and its provisions; the Joint Will governs all assets of the testator wherever situate and includes assets beneficially owned but held in the name of others on trust. The holistic reading (life interest to surviving spouse, clear testamentary intention to favour charities, impracticality of leaving assets to fall into intestacy) supports the wide construction.

Court Disposition

Court holds the Joint Will governs all assets of the Father including assets beneficially owned but held in the name of others; plaintiffs' narrower construction rejected.

Orders

  • Parties are directed to lodge with the court and exchange their written submissions on costs within 21 days.
  • Costs will be disposed of on paper by the court.