Hong Kong Case Law: Decisions & Judgments

Topic

Joint tenancy and survivorship

Legal area

Court

19 Nov 2025

NG NIM CHUNG, deceased AND ANOTHER v. NG WING MAN TERRY

Citation

[2025] HKCFI 5314
Court

Court of First Instance
Case number

HCA2221/2016

On the balance of probabilities the court found a family-wide common understanding that the defendant only lent his name to facilitate bank finance, the Late Father and Mother provided the purchase money, mortgage repayments and outgoings and detrimentally relied on that understanding; permitting the defendant to claim beneficial title would be unconscionable; accordingly a common intention constructive trust arose in favour of the Late Father and the defendant holds legal title on trust for the Late Father's estate.
30 Mar 2017

CHOY PUI LAM v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHAN YIM MEI, DECEASED

Citation

CHOY PUI LAM v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHAN YIM MEI, DECEASED
Court

Court of First Instance
Case number

HCMP313/2015

The plaintiff proved a common intention constructive trust by credible evidence of agreement and substantial financial contributions in reliance on that agreement; accordingly the Deceased held the Property on trust for herself and the plaintiff as joint tenants and the beneficial interest passed to the plaintiff by survivorship, so the Property is not part of the Deceased's estate.
10 Jan 2017

HO HON PIU v. HO HON KA

Citation

HO HON PIU v. HO HON KA
Court

Court of First Instance
Case number

HCA1966/2013

Court found no credible evidence of the alleged family fund or of the oral agreements creating one‑third beneficial interests; accepted defendant's evidence that he was sole legal and beneficial owner of the North Point property and that the Chai Wan property passed to him as surviving joint tenant; the will was properly executed but the residuary disposition to plaintiff is void under s.10(1) Wills Ordinance, so the estate must be dealt with on intestacy.
20 Mar 2015

WONG MO YUEN AND ANOTHER v. CHOI CHIU MAN AND ANOTHER

Citation

WONG MO YUEN AND ANOTHER v. CHOI CHIU MAN AND ANOTHER
Court

Court of First Instance
Case number

HCMP988/2013

The court held that the c.1905 mortgage was ancient, inactive and for practical purposes unenforceable and time‑barred under section 19 Limitation Ordinance, and that the plaintiffs' statutory declarations and conveyancing evidence satisfactorily established identity and the death of the co‑tenant such that survivorship operated; accordingly the plaintiffs demonstrated good title and were entitled to declarations in the originating summons.
23 Jan 2009

WAN SIU FONG AND OTHERS v. WAN CHI SUN

Citation

WAN SIU FONG AND OTHERS v. WAN CHI SUN
Court

District Court
Case number

DCCJ4636/2007

Clause 3 created an absolute vested interest in the three named beneficiaries at the testator's death; the words 'absolutely' and 'respectively' show that each grandchild's share was vested at death and only enjoyment/payment was postponed until each attained 21; clause 6 is residuary and not a gift over of the specific devise; therefore accumulated rental income (less proper deductions) must be accounted for to the plaintiffs.
2 Mar 1999

YE HONG YING v. CHAN LUP YING

Citation

YE HONG YING v. CHAN LUP YING
Court

Court of First Instance
Case number

HCMP3459/1995

The plaintiff is a lawful wife and a dependant entitled to provision. The court must use the deceased's net estate valued from the date of death as a benchmark but take the current value at the hearing into account when exercising discretion. Applying those principles to the adjusted valuations and equities of the parties, the court awarded modest periodic maintenance and a one‑off lump sum, and exercised IPFDO powers to order sale of specified sole-owned properties to satisfy the award.
1 Aug 1997

CHAN HOW CHUEN, STEPHEN v. CHAN HAU CHEONG AND OTHERS

Citation

CHAN HOW CHUEN, STEPHEN v. CHAN HAU CHEONG AND OTHERS
Court

Court of First Instance
Case number

HCMP2437/1996

The court found on construction that the testator intended to bequeath to his three sons not only the business of Chan Kee but also the parts of the building used and occupied by that business; however the sons could only take what the testator actually owned at death. Because Madam Lee predeceased the testator, the testator became sole owner of the Oaklands Path property and the First Will gave that property to the Plaintiff absolutely; the testator owned a greater than half share of the redeveloped building but Madam Lee's former half of old No.40 passed intestate to her issue and must be a…
5 Nov 1996

SHUM LAP CHUN and Another v. AU MEE LANG and Others

Citation

SHUM LAP CHUN and Another v. AU MEE LANG and Others
Court

Court of First Instance
Case number

HCMP2845/1996

Because the defendants held the property as joint tenants and the proposed transaction was a straight sale, upon completion the flat would cease to belong to the donor and would not form part of her estate for the purposes of section 5 and section 6(1)(c)/(d); the defendants' response to the purchasers' requisition was therefore adequate and the summons was dismissed with costs.
2 Oct 1991

RE MAK WOON SHUI

Citation

RE MAK WOON SHUI
Court

Court of First Instance
Case number

HCMP1/1991

The judge found the appellants affirmations and explanations to be inconsistent, unsatisfactory and not corroborated; there was no credible evidence that the appellant supplied the purchase monies or that the presumption of a gift was rebutted, and no evidence of enjoyment of joint-account income for the relevant three-year period; accordingly the appeal was dismissed and the Commissioners assessment upheld.