2 May 2025
JONG YAT KIT, as Sole Administrator of the Estate of LI CHUNG, deceased v. LI MUN HOK STEVEN also known as LEE MUN HOK and LEE MUN HOK STEVEN
- Citation
- [2025] HKCFI 1764
- Court
- Court of First Instance
- Case number
- HCA1767/2017
On the balance of probabilities the 17 withdrawals were authorised by the deceased; specific large transfers on 7 June 2006 and 31 October 2006 were established as gifts to the defendant and his wife; the defendant was a fiduciary of limited scope (assistant/authorised signatory) not a trustee holding legal title to HSB funds, so he was not subject to full trustee accounting obligations; the presumption of advancement applies to the remaining withdrawals paid to the son and those sums are treated as gifts; consequently the Administrator's claim for recovery is dismissed.