TSANG YEE KAM v. YIP KWUN LUN, the executor of the estate of YIP SHING, Deceased

TSANG YEE KAM v. YIP KWUN LUN, the executor of the estate of YIP SHING, Deceased

The court declared that Mother is beneficially entitled to 50% of Chung Sing Flat, 50% of Shop 10 and a 50% share of the Sale Proceeds of Yau Wing Hong Tower (RMB 1,800,000 → RMB 900,000), and that Father/D held those assets on trust for Mother and himself as tenants in common in equal shares. The decision was based...

Source-derived case information.

Citation
[2020] HKCFI 553
Parties
Plaintiff: Tsang Yee Kam; Defendant (executor of Estate): Yip Kwun Lun (executor of the estate of Yip Shing, deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2020
Case Number
HCA608/2014
Procedural Posture
Civil Action for Declarations and Proprietary Remedies (constructive and Resulting Trusts; Probate) / Judgment After Trial (court of First Instance, 2 April 2020)
Outcome
Judgment in part for Plaintiff: declarations and proprietary remedies granted in respect of specified properties and proceeds; accounts and transfers ordered; costs to Plaintiff
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Severance of Joint Tenancy, Proprietary Declarations, Accounting, Probate
Source Language
en
Trusts Property Law Probate and Succession Family/matrimonial Law Commercial/business Law Constructive Trust Resulting Trust Beneficial Ownership +4 more

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Parties

Tsang Yee Kam

Plaintiff

Yip Kwun Lun (executor of the estate of Yip Shing, deceased)

Defendant (executor of Estate)

Procedural Posture

Civil Action for Declarations and Proprietary Remedies (constructive and Resulting Trusts; Probate) / Judgment After Trial (court of First Instance, 2 April 2020)

Legal Issues

  1. 1 Whether Chung Sing Flat was held on trust for Mother and Father equally
  2. 2 Whether Yau Wing Hong was a family business held beneficially by Father and Mother in equal shares
  3. 3 Whether Shop 10 and other properties were assets of Yau Wing Hong and thus 50% belong to Mother

Ratio Decidendi

The court declared that Mother is beneficially entitled to 50% of Chung Sing Flat, 50% of Shop 10 and a 50% share of the Sale Proceeds of Yau Wing Hong Tower (RMB 1,800,000 → RMB 900,000), and that Father/D held those assets on trust for Mother and himself as tenants in common in equal shares. The decision was based on (a) direct payment by Mother/Madam Leung of the refunded sum used as down payment (HK$14,840) and continuing contributions to mortgage/outgoings, (b) joint contributions and conduct evidencing a common intention that the family business Yau Wing Hong and its profits/assets were shared equally, and (c) alternatively a resulting trust given Mothers' at least 50% contribution...

Court Disposition

Judgment in part for Plaintiff: declarations and proprietary remedies granted in respect of specified properties and proceeds; accounts and transfers ordered; costs to Plaintiff

Orders

  • Declaration that Father/D held Chung Sing Flat on trust for Mother and himself as tenants‑in‑common in equal shares
  • D to assign/transfer title of half share of Chung Sing Flat to Mother or her nominee within 3 months