Private wealth and trusts

Widow removed as administratrix after persistent breaches in administering the estate

The Hong Kong Court has recently ordered the removal of an administratrix, who was the widow of the deceased, after finding she had misappropriated and converted the estate to her own use, repeatedly breached Court orders and had failed to … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts

Akers v Samba: Trusts over foreign assets

The UK Supreme Court has held that the extinction of a company's beneficial interest under a trust on the transfer of an asset by the trustee to a bona fide purchaser without notice does not constitute a "disposition" under section … Continue reading

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Filed under Private wealth and trusts, Trust disputes

Is a register of beneficial ownership of companies coming?

As part of the global transparency push, the G20 has committed to implement rules requiring the disclosure of beneficial ownership of legal entities (in addition to automatic exchange of financial account information and the BEPS related transparency measures). On 13 … Continue reading

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Filed under Australia, Offshore, Private wealth and trusts

Deceased’s “husband” and daughter both unable to obtain letters of administration

The English High Court has recently refused to grant letters of administration to a deceased's daughter (the "Claimant") despite her having the highest entitlement to the deceased's estate.[1] The dispute involved a challenge by the alleged widower of the deceased … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts

Hong Kong Court of Appeal affirms law on express, constructive and resulting trust

The Hong Kong Court of Appeal ("CA") in Ip Fung Kuen v Sam Kee Frozen Meat Co Ltd and others (CACV 107/2016) recently affirmed the well-established principles of express, constructive and resulting trust under Hong Kong law. As well as … Continue reading

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Filed under Hong Kong and Singapore, Private wealth and trusts

Judge sentenced to six months’ jail by Nottingham Crown Court for forgery of a will and fraud

A former solicitor and disability claims tribunal judge, and her husband, forged a will and letter to obtain two adjacent cottages in order to create one, large retirement home for themselves. On conviction, they were sentenced to six month's jail, … Continue reading

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Filed under Estates disputes, Private wealth and trusts

Government launches consultation on enhancing transparency of beneficial ownership of Hong Kong companies

The Government has launched a two month consultation exercise on proposals to enhance the transparency of beneficial ownership of Hong Kong incorporated companies. This is part of a number of reform proposals aimed at bringing Hong Kong in line with … Continue reading

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Filed under Hong Kong and Singapore, Private wealth and trusts

Court of Appeal considers dispute over mother’s mental capacity

The Court of Appeal of Hong Kong has recently upheld a decision appointing a son to be the Committee to take care of his incapacitated mother's affairs[1]. This was despite protest from the son's sibling, who claimed the son was … Continue reading

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Filed under Hong Kong and Singapore, Private wealth and trusts

Court orders solicitor to complete estate administration or face jail

The County Court at Cardiff has recently ordered a solicitor to comply with the Legal Ombudsman's direction to complete the administration of an estate.[1]  Failure to do so would result in imprisonment for 14 days. The case re-enforces the importance … Continue reading

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Filed under Private wealth and trusts

Family dispute over the setting-up of a trust rejected because plaintiff consented to the trust at the time of establishment

In a recent case, the Singapore High Court has held that a plaintiff's agreement to the setting-up of a trust to protect a family's wealth (including the assets of a deceased family member) was a valid defence for a defendant … Continue reading

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Filed under Estates disputes, Hong Kong and Singapore, Private wealth and trusts, Trust disputes