Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fiduciary duty trust
  • 22 Mar 2019

    LKFJ v. CFH

    Citation
    [2019] HKFC 75
    Court
    Family Court
    Case number
    FCMC10082/2016

    On the facts the court concluded that the 1st Intervener made the entire contribution to acquisition and repayment of the G/F Property so a common intention constructive trust arises: the 1st Intervener is sole beneficial owner and the Husband holds his half on trust for the 1st Intervener; the 1/F Property was transferred by the Deceased in contemplation of her death as a gift for the 2nd Intervener via transfer into the Husband's name to be held on trust, and the Husband voluntarily assumed fiduciary duties so a fiduciary duty trust arises leaving the 2nd Intervener as sole beneficial owner…