26 Jul 2010
LAW SHUK HOI v. LO LOK FUNG KENNETH AND OTHERS
- Citation
- LAW SHUK HOI v. LO LOK FUNG KENNETH AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1053/2008
On construction of the Letter of Wishes the Deceased intended to create a trust: Clause (B)(3) imposes a duty on the Plaintiff to provide financial assistance from the specified one third estate to descendants who satisfy the enumerated criteria (mode and terms for assistance are discretionary but not the obligation to provide assistance). The Letter did not address the default at expiry of the perpetuity period; accordingly any unexpended balance upon expiry vests by resulting trust in the estate of the Deceased.