Hong Kong Case Law: Decisions & Judgments

Topic

Maintenance under inheritance (provision for family and dependents) ordinance

Legal area

Court

19 Jan 2026

LIANG XIAOZI v. TONG KWOK CHUNG (唐國忠), The Sole Executor to the Estate of Tse Yee Sun (謝致燊) otherwise known as Tse Chee Sun (謝致燊), deceased

Citation

[2026] HKCFI 363
Court

Court of First Instance
Case number

HCA119/2020

The 1994 oral agreement did not exist; Plaintiff's evidence was not credible and was contradicted by contemporaneous documentary evidence and the conduct of interested family members in subsequent FCMP proceedings and settlement which treated the properties as part of the Estate; accordingly claims predicated on that agreement and on resulting constructive trust or proprietary estoppel fail; although the court has jurisdiction over equitable claims in personam, it will not exercise jurisdiction to order transfer of title (Prayer 3) because lex situs and inability to supervise enforcement prec…
1 Sept 2016

TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

Citation

TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2981/2004

Applicant is eligible under s3(1)(iv) and (3); the Will left the estate to a discretionary trust granting the trustee absolute discretion such that the Will did not make reasonable financial provision for the applicant; given applicant's advanced age, uncertain longevity evidence, risk that a lump sum could be exhausted and inability to vary lump sum, the appropriate remedy is periodic payments under s4(1)(a) with provision for medical expenses and annual adjustments; therefore the court ordered monthly maintenance and ancillary payments and costs as set out.

Hong Kong Case Law

LIANG XIAOZI v. TONG KWOK CHUNG (唐國忠), The Sole Executor to the Estate of Tse Yee Sun (謝致燊) otherwise known as Tse Chee Sun (謝致燊), deceased

TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS