22 Mar 2019
SAM SIEN SAN ALBERT v. SAM MO YEE
- Citation
- [2019] HKCFI 764
- Court
- Court of First Instance
- Case number
- HCMP1203/2016
On the balance of probabilities the court found the father intended to and completed a gift of the Taiwan Company dividends to the defendant, making her the beneficial owner of HK$1,172,158; on available evidence the court found the common intention as to the HSBC joint accounts was that the survivor takes the balance and declared the plaintiff beneficial owner of those balances on the mother's death; the alleged mismanagement did not justify removal of the defendant as executrix; limited repayments/declarations were ordered (repayment of specified withdrawals and entitlements).
- Inter vivos gift vs estate asset
- Beneficial ownership of joint bank accounts
- Survivorship clause vs declared beneficial interests
- Presumed resulting trust and presumption of advancement
- Removal of executors
- Administration of estate