RE SIU MAN YEE

RE SIU MAN YEE

The Deed of Gift was rectified because the completed instrument, read with its recitals and clauses, demonstrated a clear and manifested intention to create a joint tenancy between the Donor and the Donee; the omission and superfluous wording were clerical mistakes repugnant to that intention and warranted equitable rectification, which takes effect from the date of execution.

Citation
RE SIU MAN YEE
Parties
Applicant / Donee / Administratrix of the Estate of Madam Tse Ying: Siu Man Yee; Deceased Donor: Madam Tse Ying
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2015
Case Number
HCMP1645/2015
Procedural Posture
Ex Parte Originating Summons for Rectification of Deed of Gift (property) / Judgment in Chambers (originating Summons Heard Ex Parte)
Outcome
Application granted; Deed of Gift rectified
Legal Topics
Rectification of Instrument, Deed of Gift, Joint Tenancy, Tenancy in Common, Doctrine of Relation Back
Source Language
EN
Property Law Equity Succession Rectification of Instrument Deed of Gift Joint Tenancy Tenancy in Common Doctrine of Relation Back

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Parties

Siu Man Yee

Applicant / Donee / Administratrix of the Estate of Madam Tse Ying

Madam Tse Ying

Deceased Donor

Procedural Posture

Ex Parte Originating Summons for Rectification of Deed of Gift (property) / Judgment in Chambers (originating Summons Heard Ex Parte)

Legal Issues

  1. 1 Whether the Deed of Gift dated 13 May 1991 should be rectified to reflect the Donor's manifested intention to create a joint tenancy between the Donor and the Donee
  2. 2 Whether the omission of the words 'the Donor and' and insertion of 'one moiety or half part or share of and in' were manifest mistakes repugnant to the true intention
  3. 3 Whether rectification should take effect from the date of execution (relation back)

Ratio Decidendi

The Deed of Gift was rectified because the completed instrument, read with its recitals and clauses, demonstrated a clear and manifested intention to create a joint tenancy between the Donor and the Donee; the omission and superfluous wording were clerical mistakes repugnant to that intention and warranted equitable rectification, which takes effect from the date of execution.

Court Disposition

Application granted; Deed of Gift rectified

Orders

  • Deed of Gift dated 13 May 1991 (Memorial No. UB4841714) is rectified in terms of the draft order submitted to and amended and initialed by the Recorder
  • The rectification shall take effect from the date of execution of the Deed of Gift