14 Mar 2022
CHIU KWOK YIN WENDY AND CHIU KANG HUEN KENNETH AS THE EXECUTORS OF THE ESTATE OF CHIU WAN YIN VERNESSA DECEASED v. LO WAI HUNG PETER AND ANOTHER
- Citation
- [2022] HKCFI 655
- Court
- Court of First Instance
- Case number
- HCMP1115/2021
The Will, executed in the presence of and witnessed by the co‑owner who shared the expressed intention to deal with the property similarly, formed part of the parties' mutual course of dealing and common intention sufficient in equity to sever the joint tenancy; accordingly a tenancy in common in equal shares was created and the Deceased's half share must be held and distributed by the Executors to the two children in equal shares on trust until they reach majority.