Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Corporate power to take grant
  • 17 Dec 2003

    RE LEUNG WAI JING

    Citation
    RE LEUNG WAI JING
    Court
    Court of First Instance
    Case number
    HCAG199/2002

    Clause 3 of Document A and Documents B/C effected immediate transfers in praesenti and therefore created inter vivos trusts (not testamentary dispositions) and could be severed from the will; Documents B and C are not codicils or valid wills; the Church is not entitled to take a grant of probate as executor because its Memorandum and Articles do not expressly empower it to take a grant; the Church is nevertheless a trustee of the identified sums and must administer them accordingly.