24 Jan 1991
TSE HONG HUNG AND ANOTHER v. THE COMMISSIONER OF ESTATE DUTY
- Citation
- TSE HONG HUNG AND ANOTHER v. THE COMMISSIONER OF ESTATE DUTY
- Court
- Court of Appeal
- Case number
- CACV123/1990
The Court held the deceased retained the sole beneficial interest in the insurance policy proceeds (a resulting trust was presumed where the policy was taken out in the name of another), and therefore the HK$3,000,000 constituted property passing on his death under s5 and s6(1)(a) of the Estate Duty Ordinance and was exigible to estate duty; the lower court's declaration was set aside and the appeal allowed.