Hong Kong Case Law: Decisions & Judgments

Topic

Secret trust

Legal area

Court

11 May 2017

TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING

Citation

TSANG TAT HUNG AND ANOTHER v. TSANG TAT WING
Court

Court of Appeal
Case number

CACV93/2016

The Court held the Will was duly executed, the Deceased had testamentary capacity and knew and approved the Will immediately before signing, and on the evidence a fully secret trust was established such that the 1st plaintiff held his share as trustee for the 2nd plaintiff; therefore the appellant's challenges failed and the appeal was dismissed.
5 Aug 2016

LAI HOI YEE v. KWAN CHI PUN, the Personal Representative of the estate of KWAN SUI LIN, Deceased

Citation

LAI HOI YEE v. KWAN CHI PUN, the Personal Representative of the estate of KWAN SUI LIN, Deceased
Court

Court of First Instance
Case number

HCMP2078/2015

Judge found the defendants failed to prove the alleged inter vivos arrangements or any equitable interest: Lai's evidence was unreliable and the Reply did not evidence an intention to vest beneficial interest in Hoi Yee; there was no credible evidence of a secret trust; on s.4 the applicant failed the first hurdle because she had been provided for (notably by an insurance payment) and no special circumstances established to render the Will unreasonable; therefore judgment for Kwan, dismissal of counterclaim and dismissal of s.4 claim, with possession orders and ancillary undertakings by Kwan…
5 Aug 2016

KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER

Citation

KWAN CHI PUN in his personal capacity and the executor of the estate of Kwan Sui Lin, deceased v. LAI HOI YEE AND ANOTHER
Court

Court of First Instance
Case number

HCA557/2014

The court found the defendants failed to prove any constructive trust, secret trust or other equitable proprietary interest because the oral and retrospective evidence (principally Lai) was unreliable and unsupported by contemporaneous documents; the s.4 claim failed at the first stage because the applicant had already received substantial policy proceeds and there were no special circumstances or moral obligation making the Will's omission unreasonable; accordingly title and possession remain with Kwan and the equitable claims and s.4 relief are dismissed, subject to Kwan's undertaking which…
24 Jul 2012

LEE KOON WAN v. SHERMAN NGAI WING LEE

Citation

LEE KOON WAN v. SHERMAN NGAI WING LEE
Court

Court of First Instance
Case number

HCA1942/2009

The court found on the facts that the plaintiff funded the Lai Shing and Bridge of Don properties (and received their rental income) and that the defendant holds those properties and related income on constructive/resulting trust for the plaintiff during his lifetime and, on the plaintiff's death, for the plaintiff and his five brothers as tenants in common in equal shares; accordingly declarations were made, accounting and return of rents ordered, an independent trustee to be appointed jointly with the defendant, the defendant's counterclaim dismissed and costs awarded to the plaintiff.
16 May 2006

LEUNG CHI MAN v. MOK SAU LIM

Citation

LEUNG CHI MAN v. MOK SAU LIM
Court

Court of Appeal
Case number

CACV215/2005

The Court upheld the Recorder's factual findings that the plaintiff had relinquished his claim (or was estopped) in consideration of being released from obligations to maintain the defendant and to contribute further to the family flat; there was no pleaded misappropriation to support tracing relief; the Recorder correctly refused deductions from the pond-property legacy for Charming Garden mortgage except insofar as equitable interest arose from plaintiff's contributions; appellate intervention was unwarranted and the appeal is dismissed.
23 Mar 2005

LEUNG CHI MAN v. MOK SAU LIM

Citation

LEUNG CHI MAN v. MOK SAU LIM
Court

Court of First Instance
Case number

HCMP1599/2003

The court held the account statements supplied were not a true and perfect inventory and ordered a verified inventory and full account under s56; found the testator imposed two binding conditions (repayment to daughter and maintenance of widow) amounting to obligations enforceable as secret-trust-type obligations but the alleged obligation to contribute to purchase of Charming Garden was too uncertain to bind; found Plaintiff agreed or was estopped to relinquish entitlement to the pond resumption compensation, so no proprietary misappropriation actionable for tracing, but ordered the Defendan…
4 Mar 2005

ERIC EDWARD HOTUNG v. HO YUEN KI AND OTHERS

Citation

ERIC EDWARD HOTUNG v. HO YUEN KI AND OTHERS
Court

Court of First Instance
Case number

HCMP4511/2002

The plaintiff failed to prove on the balance of probabilities, with sufficient cogency, that he communicated and established an intention to reserve an enforceable power of revocation or the other pleaded conditions to the trustees or their solicitors; contemporaneous documentary and witness evidence did not support resulting trusts at the time of transfer/allotment (except one share held by the 1st defendant), so LARCO s6(1)(c) did not invalidate the transfers; accordingly the declarations of trust stand and the plaintiff's main claim is dismissed save for a declaration that the 1st defendan…
25 Nov 1996

ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others

Citation

ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others
Court

Court of First Instance
Case number

HCA4573/1993

The plaintiff failed to establish either that Mr Marsh declared himself trustee of the accounts for her or that Mr Li accepted a trust in her favour; annotations in account statements, the delivery of a cheque, letters and other documents were insufficient to show an intention and effective disposition that divested Mr Marsh of beneficial ownership; withdrawals and subsequent conduct were inconsistent with a trust being created; therefore the plaintiff's proprietary claims fail and the accounts remained beneficially Mr Marsh's and passed to the defendants as administrators/executor.
30 Jun 1983

HENG KWAI SHAN v. HENG HOCK SHAN AND OTHRES

Citation

HENG KWAI SHAN v. HENG HOCK SHAN AND OTHRES
Court

Court of First Instance
Case number

HCMP295/1964

On the evidence the missing brother was presumed dead by end of 1943 and certainly before 8 July 1953; the 1953 assignment conveyed no beneficial interest to the plaintiff; the 1957 declaration only furnished evidence of an intended trust which failed ab initio; accordingly the property did not vest beneficially in the plaintiff but resulted to the mother's personal representatives; additionally a secret trust can be constituted inter vivos.
26 Jul 1968

LIU SIU MEE v. LIU KWAI

Citation

LIU SIU MEE v. LIU KWAI
Court

Court of First Instance
Case number

HCAP1/1967

On the balance of probabilities the court accepted the defendant’s and corroborating witnesses’ evidence and found the May 10, 1966 will was genuinely signed by the deceased and witnessed in the presence of the two named witnesses; accordingly the 1966 will revoked the 1961 will and probate of the 1966 will was granted.