13 Mar 2026
陳美華 對 蕭榮娟 as the sole executrix of the estate of 陳國 (“DECEASED”)及另一人
- Citation
- [2026] HKDC 250
- Court
- District Court
- Case number
- DCCJ1098/2023
On the balance of probabilities the plaintiff proved a HK$100,000 contribution applied to purchase on 14 May 2002; contemporaneous documents (2002 will and bank record) together with surrounding conduct and the later 'Siu–Chan agreement' established a common intention constructive trust and, alternatively, a purchase-money resulting trust; plaintiff therefore holds a 38.28% beneficial interest in the property and the defendant's exclusion of the plaintiff in 2021 amounted to unlawful ouster; nominal damages and costs are awarded.