LIN SIU KOK, the Executor and one of the Joint Executors of the estate of CHEUNG WEI MING, deceased AND OTHERS v. LAM SHUI CHUN, the Administratrix of the estate of LIN SHIUE KIANG, ALLAN, Deceased

LIN SIU KOK, the Executor and one of the Joint Executors of the estate of CHEUNG WEI MING, deceased AND OTHERS v. LAM SHUI CHUN, the Administratrix of the estate of LIN SHIUE KIANG, ALLAN, Deceased

On the evidence the court accepted that the Hang Tung property was intended as a Lin family property held in equal seventh shares for Father, Mother and the five then-working children; Wah Lai was not shown to be held for all siblings and Allan (or Allan and P3) held 50% beneficial interest; the South Horizons acquisitions were funded substantially by contributions recorded in Allan’s notes and the court found P1-P4 contributed 76.72% and Allan 23.28% of the South Horizons purchase costs; Scenic Garden was funded largely by proceeds from Wah Lai and South Horizons and other sums such that Allan’s beneficial share is approximately 36% and Ps collectively 64%; alleged loans by P1-P3 to...

Citation
[2023] HKCFI 2813
Parties
1st Plaintiff; Executor and One of the Joint Executors of the Estate of Cheung Wei Ming (deceased): Lin Siu Kok; 2nd Plaintiff (p2): Lin Siu Kok; 3rd Plaintiff (p3): Lin Suk Mi; 4th Plaintiff (p4): Lin Suk Yung; 5th Plaintiff (p5): Lin Siu Fung; Defendant; Administratrix of the Estate of Lin Shiue Kiang, Allan (deceased): Lam Shui Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2023
Case Number
HCA1819/2016
Procedural Posture
Civil Action Concerning Trusts, Proprietary and Succession Disputes / Trial Concluded; Judgment Delivered (31 October 2023)
Outcome
Claim and counterclaim partly allowed and partly dismissed; mixed judgment allocating beneficial interests, dismissing loan claims and ordering transfers, accounts and return of chattels
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Family Pooled Funds, Proprietary Claims Against Deceased Estate, Evidentiary Burden in Claims Against Estates, Conversion of Chattels, Orders for Account and Enquiry
Source Language
EN
Trusts and Equitable Remedies Property Law Succession and Estates Civil Litigation Conversion Account and Inquiry Constructive Trust Resulting Trust +6 more

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Parties

Lin Siu Kok

1st Plaintiff; Executor and One of the Joint Executors of the Estate of Cheung Wei Ming (deceased)

Lin Siu Kok

2nd Plaintiff (p2)

Lin Suk Mi

3rd Plaintiff (p3)

Lin Suk Yung

4th Plaintiff (p4)

Lin Siu Fung

5th Plaintiff (p5)

Lam Shui Chun

Defendant; Administratrix of the Estate of Lin Shiue Kiang, Allan (deceased)

Procedural Posture

Civil Action Concerning Trusts, Proprietary and Succession Disputes / Trial Concluded; Judgment Delivered (31 October 2023)

Legal Issues

  1. 1 Whether various properties (Hang Tung, Wah Lai, South Horizons, Scenic Garden) were held beneficially by family members or held on trust for Allan/estate
  2. 2 Whether a Family Fund existed and funded acquisitions
  3. 3 Proportions of beneficial ownership for each disputed property

Ratio Decidendi

On the evidence the court accepted that the Hang Tung property was intended as a Lin family property held in equal seventh shares for Father, Mother and the five then-working children; Wah Lai was not shown to be held for all siblings and Allan (or Allan and P3) held 50% beneficial interest; the South Horizons acquisitions were funded substantially by contributions recorded in Allan’s notes and the court found P1-P4 contributed 76.72% and Allan 23.28% of the South Horizons purchase costs; Scenic Garden was funded largely by proceeds from Wah Lai and South Horizons and other sums such that Allan’s beneficial share is approximately 36% and Ps collectively 64%; alleged loans by P1-P3 to...

Court Disposition

Claim and counterclaim partly allowed and partly dismissed; mixed judgment allocating beneficial interests, dismissing loan claims and ordering transfers, accounts and return of chattels

Orders

  • Estate to deliver title deeds of Scenic Garden Property into Court within 28 days pending account and enquiry
  • P1’s claim for repayment of HKD 353,150.68 dismissed