22 Mar 2022
HO YAT WAH v. CHUNG HANG HIM (鍾衡謙), the Sole Executor named in the Will of Madam CHAN YUK MUI, deceased
- Citation
- [2022] HKCFI 791
- Court
- Court of First Instance
- Case number
- HCA731/2014
The claimant failed to prove the existence of an oral trust agreement or any express common intention; the conduct and contemporaneous documentary and bank evidence did not support that the deceased held the assets as trustee for the plaintiff; many transfers from plaintiff were more consistent with gifts, general support, or repayments under an overdraft/loan facility and the deceased had independent financial resources; consequently neither a common intention constructive trust nor a resulting trust arose; the court awarded the plaintiff reimbursement for medical expenses he proved and foun…