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.