Hong Kong Case Law: Decisions & Judgments

Topic

Beneficiary entitlement

Legal area

Court

18 Oct 2022

鄭宗妍對鄭宗建

Citation

[2022] HKCA 1548
Court

Court of Appeal
Case number

CACV434/2021

The appeal fails because the appellant's claims were brought in her personal capacity (not as representative of the estate) and therefore provided no legal basis for withholding or deducting the respondent's 20% testamentary share; the original judge correctly refused the interlocutory relief and correctly applied the law on admissibility of fresh evidence (admitting some documents and refusing others).
5 May 2021

TANG CHEUK CHUEN (鄧灼全) ALSO KNOWN AS 鄧灼銓對 TANG WAI CHEE (鄧尉池)，以其個人身份及其鄧巡撫堂司理的身份

Citation

[2021] HKDC 523
Court

District Court
Case number

DCCJ520/2017

The court held the hall is a s15 recognised ancestral hall governed by Chinese customary law; the plaintiff and his male descendants are members of the specified family share (鄧盤安's branch) and are entitled to half of that branch's interest. The parties' branch shares were quantified (each branch 21.09375% of the hall). The defendant, as manager, had fiduciary duties and breached them by withholding distributions; defendant was ordered to pay the quantified sums provisionally, to provide documentation for 2017–2020 income, and to pay interest (compound interest at 5% p.a. from 2004 to judgmen…
19 Aug 2010

CLEMENCIA MANANSALA GALLAGHER v. MARK EDWARD KIRKHAM AND ANOTHER

Citation

CLEMENCIA MANANSALA GALLAGHER v. MARK EDWARD KIRKHAM AND ANOTHER
Court

Court of First Instance
Case number

HCMP1850/2009

The court concluded that Article 3.0 and related provisions, properly construed purposively and read with the deed as a whole, require the Trustee to distribute the Trust Fund (capital and income) to the Primary Beneficiary (the widow), thereby vesting in her an absolute interest in the Trust Fund; the respondent's income-only construction was rejected as inconsistent with the deed's language and scheme.
28 Aug 2006

TAIYO KOGYO CO, LTD v. UBS AG AND ANOTHER

Citation

TAIYO KOGYO CO, LTD v. UBS AG AND ANOTHER
Court

Court of First Instance
Case number

HCMP1097/2006

The court found on the evidence that the account was opened and the funds credited for the plaintiff's benefit, declared that the funds currently held in the named UBS account were monies held by Mr Shohei Suto on trust for the plaintiff, and ordered that the defendants' costs be paid out of the funds and taxed on a trustee basis with the bank entitled to deduct its costs before payment to the plaintiff.
13 May 1998

BERMUDA TRUST (HONG KONG) LTD v. THE SECRETARY FOR JUSTICE AND ANOTHER

Citation

BERMUDA TRUST (HONG KONG) LTD v. THE SECRETARY FOR JUSTICE AND ANOTHER
Court

Court of First Instance
Case number

HCMP2039/1997

On the facts the court declared that the capital (approximately $16,000,000) must be administered by the trustees for the charities after the death of Victor because they are the remaining beneficiaries, but the undistributed income accumulated during Victor's lifetime (approximately $18,000,000) resulted to Victor and therefore belongs to his estate because the income was not applied for him within a reasonable time and was undisposed of by the terms of the Settlement.

Hong Kong Case Law

鄭宗妍 對 鄭宗建

TANG CHEUK CHUEN (鄧灼全) ALSO KNOWN AS 鄧灼銓 對 TANG WAI CHEE (鄧尉池)，以其個人身份及其鄧巡撫堂司理的身份

CLEMENCIA MANANSALA GALLAGHER v. MARK EDWARD KIRKHAM AND ANOTHER

TAIYO KOGYO CO, LTD v. UBS AG AND ANOTHER

BERMUDA TRUST (HONG KONG) LTD v. THE SECRETARY FOR JUSTICE AND ANOTHER

鄭宗妍對鄭宗建

TANG CHEUK CHUEN (鄧灼全) ALSO KNOWN AS 鄧灼銓對 TANG WAI CHEE (鄧尉池)，以其個人身份及其鄧巡撫堂司理的身份