LAM YING KUEN v. LAM CHOR KUEN AND OTHERS

LAM YING KUEN v. LAM CHOR KUEN AND OTHERS

On the balance of probabilities the contemporaneous evidence and credible witness testimony establish that the purchase was funded by a loan arranged for and taken by the deceased and repaid from sources linked to the deceased; the deceased intended to be the beneficial owner from acquisition; the plaintiff's account was inconsistent and implausible. Therefore the legal owners held the Property on trust for the deceased's estate and the plaintiff's claim to be sole beneficial owner is dismissed.

Citation
[2023] HKCFI 1747
Parties
Plaintiff: Lam Ying Kuen; 1st Defendant: Lam Chor Kuen; 2nd Defendant: Lam Wai Kuen; 3rd Defendant: Lam Fai Kuen; 4th Defendant: Lam Sai Kuen; 5th Defendant: Lam Yim May
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2023
Case Number
HCA1304/2018
Procedural Posture
Trust and Estate Dispute (civil Action) / Judgment at Trial
Outcome
Plaintiff's claim dismissed. Declaration granted that the deceased, Lam So Sui Hing, was sole beneficial owner of the Property since acquisition and that the registered owners hold the Property on trust for her estate. Order nisi for costs against the Plaintiff.
Legal Topics
Common Intention Constructive Trust, Resulting Trust, Beneficial Ownership, Probate Administration, Declaration of Trust
Source Language
EN
Trusts Property Probate Equity Family Law Common Intention Constructive Trust Resulting Trust Beneficial Ownership +2 more

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Parties

Lam Ying Kuen

Plaintiff

Lam Chor Kuen

1st Defendant

Lam Wai Kuen

2nd Defendant

Lam Fai Kuen

3rd Defendant

Lam Sai Kuen

4th Defendant

Lam Yim May

5th Defendant

Procedural Posture

Trust and Estate Dispute (civil Action) / Judgment at Trial

Legal Issues

  1. 1 Whether the plaintiff is the beneficial owner of the Property or whether the Property formed part of the deceased's estate
  2. 2 Whether a common intention constructive trust arose in favour of the plaintiff
  3. 3 Whether a resulting trust or presumption of advancement applies in favour of the deceased

Ratio Decidendi

On the balance of probabilities the contemporaneous evidence and credible witness testimony establish that the purchase was funded by a loan arranged for and taken by the deceased and repaid from sources linked to the deceased; the deceased intended to be the beneficial owner from acquisition; the plaintiff's account was inconsistent and implausible. Therefore the legal owners held the Property on trust for the deceased's estate and the plaintiff's claim to be sole beneficial owner is dismissed.

Court Disposition

Plaintiff's claim dismissed. Declaration granted that the deceased, Lam So Sui Hing, was sole beneficial owner of the Property since acquisition and that the registered owners hold the Property on trust for her estate. Order nisi for costs against the Plaintiff.

Orders

  • Declaration that Lam So Sui Hing was sole beneficial owner of Flat C, 7/F, Hsia Kung Mansion, Taikoo Shing from acquisition
  • Declaration that Lam Ying Kuen and Lam Chor Kuen hold the Property on trust for the estate of Lam So Sui Hing