9 May 2016
TSANG WING KWAI AND ANOTHER v. The Personal Representative of the estate of CHAN CHUNG HAN, the Deceased
- Citation
- TSANG WING KWAI AND ANOTHER v. The Personal Representative of the estate of CHAN CHUNG HAN, the Deceased
- Court
- Court of Appeal
- Case number
- CACV216/2015
The judge below erred in law by effectively requiring the appellant to prove the 'veracity' of a Declaration of Trust after accepting the deceased's signature; once the signature was accepted the estate bore the onus of proving a legal basis to deny effect (eg mistake or unconscionability) and the trial judge made no positive findings sufficient to defeat the trust document; because the Declaration of Trust and the validity of the 2012 allotment were interrelated and credibility findings could have been affected by the flawed approach, the appropriate remedy was to set aside the judgment belo…