21 Apr 2022
NORMAN GUY DONALD AND ANOTHER v. LEE MICHAEL CHAK CHUEN in his capacity as executor of the estate of LI PAK IU AND OTHERS
- Citation
- [2022] HKCFI 1106
- Court
- Court of First Instance
- Case number
- HCMP610/2021
The proviso in clause 5(2)(f) is inter-related with the primary (ancestor worship) gift and cannot be severed; in any event the proviso, if severable, conferred only a mere power which has lapsed by unreasonable delay; accordingly the whole clause 5(2)(f) is void for infringing the rule against perpetuities and the one-sixth share falls to be distributed among the residuary beneficiaries under clauses 5(2)(a)-(e).