Hong Kong Case Law: Decisions & Judgments

Topic

Survivorship clause

Legal area

Court

9 Jan 2023

POON LOI TAK the Administrator of the late POON NUEN Deceased v. POON LOI CHEUNG DESMOND

Citation

[2023] HKCFI 101
Court

Court of First Instance
Case number

HCA3348/2016

On the balance of probabilities Father did not intend to gift the beneficial interest in either joint HSBC account to the Defendant; therefore the Defendant held the funds on trust for Father/the Estate and the Defendant wrongfully transferred HK$14,248,000 from the Premier Account in breach of trust; judgment entered for the Plaintiff with orders for repayment, accounts and ancillary relief.
18 Mar 2022

CHU WING CHUEN PAUL AND OTHERS v. CHU OI YAN IRENE

Citation

[2022] HKCFI 804
Court

Court of First Instance
Case number

HCMP50/2021

The court dismissed the plaintiffs' originating summons and refused to remove the administratrix because the defendant acted in accordance with the majority wishes of beneficiaries, there was no evidence of improper conduct endangering the estate, the plaintiffs substantially obstructed preparation of full inventory and accounts by withholding chattels and account information, the estate was simple and removal would cause delay, and ownership of joint accounts requires proof of common intention not merely a survivorship clause.
25 May 2020

WING LUNG BANK LTD v. KING ARNOLD THEO as Executor of the Estate of SHIH WEN HSIA BESSIE also known as BESSIE SHIH, BESSIE KING and BESSIE SHIH KING, deceased AND ANOTHER

Citation

[2020] HKCFI 911
Court

Court of First Instance
Case number

HCMP1089/2016

The survivorship clause in the bank's contract does not determine ownership of items in a joint safe deposit box; ownership depends on evidence of the donor's intention and delivery for an inter vivos gift, with contemporaneous conduct given greater weight when assessing those elements.
27 Mar 2013

NANYANG COMMERCIAL BANK LTD v. THE PERSONAL REPRESENTATIVE OF VANNEE NATIVIVAT, Deceased AND ANOTHER

Citation

NANYANG COMMERCIAL BANK LTD v. THE PERSONAL REPRESENTATIVE OF VANNEE NATIVIVAT, Deceased AND ANOTHER
Court

Court of First Instance
Case number

HCMP2027/2011

Interpleader relief was properly granted because the Bank had no beneficial interest, faced realistic risk of being sued by both claimants and both claimants had prima facie cases; the competing issues as to source of funds, the Mother's intention, signature authenticity and mental capacity gave rise to material factual disputes so the claims were not suitable for summary determination; costs were awarded to the Bank and to the 1st Defendant against the 2nd Defendant.

Hong Kong Case Law

POON LOI TAK the Administrator of the late POON NUEN Deceased v. POON LOI CHEUNG DESMOND

CHU WING CHUEN PAUL AND OTHERS v. CHU OI YAN IRENE

WING LUNG BANK LTD v. KING ARNOLD THEO as Executor of the Estate of SHIH WEN HSIA BESSIE also known as BESSIE SHIH, BESSIE KING and BESSIE SHIH KING, deceased AND ANOTHER

NANYANG COMMERCIAL BANK LTD v. THE PERSONAL REPRESENTATIVE OF VANNEE NATIVIVAT, Deceased AND ANOTHER