5 Dec 2023
TAM LAN CHI LORCHE, suing as an Administratrix of the Estate of TAM KAM FAI FRANCIS, deceased v. CHAN SIU MUI
- Citation
- [2023] HKCA 1326
- Court
- Court of Appeal
- Case number
- CACV427/2022
The 2007 Declaration, signed and executed by both parties, constituted a valid written declaration of trust in accordance with s5 Cap 219: each legal owner declared his or her undivided half share on trust for both as equitable joint tenants, thereby creating beneficial joint tenancy and right of survivorship; the earlier 2005 assignment as tenants in common at law did not prevent each owner declaring a trust over his/her share; the Declaration satisfied formalities and was effective; the appeal is dismissed and costs ordered personally against the appellant.