Tag Archives: 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

Tax transparency – a looming issue for Private Groups?

In efforts to increase the “public awareness of corporate tax issues,” tax transparency has been a popular policy option to “maintain public pressure on aggressive tax practices”. Whilst the focus has typically been on large multinationals, broader tax transparency measures … Continue reading

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Filed under Australia, Tax

Hong Kong Court refused to make a grant of administration ad colligenda bona for lack of special circumstances and special justification

In Re Oung Chi Lian Fang (HCMP2347/2015), the Hong Kong High Court refused an ex parte application for a grant of administration ad colligenda bona under s.36 of the Probate and Administration Ordinance. Introduction Ad colligenda bona grants are temporary … Continue reading

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Filed under Australia, Hong Kong and Singapore, London, Offshore, Private wealth and trusts

Where’s Wally – what happens when a trustee cannot locate the beneficiaries?

In Wah Ying Cheong Co Ltd v Chan Kwok Ping & Ors [2015] HCMP 3059C/1997, the Court held that where a trustee is unable to locate beneficiaries under a trust, the Court may order payment of trust monies into Court … Continue reading

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Filed under Private wealth and trusts

Promises, promises, promises – Hong Kong Court considers inter-vivos gifts and proprietary estoppel

In Li Miaoli and Others v Chan Shu Fong and Others HCA 845/2011, the Court held that a father did not make an inter-vivos gift of shares to his son. This case is an illustration of how the Court will apply … Continue reading

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Filed under Private wealth and trusts

Hong Kong Court of Final Appeal clarifies the law in respect of shareholders’ petitions to wind up foreign companies on just and equitable grounds

In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding … Continue reading

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Filed under Hong Kong and Singapore, Insolvency, Jurisdiction, Private wealth and trusts

Hong Kong court revokes letters of administration as administrator makes misrepresentations in affirmation

In Fung Sing Wai v. Chow Chiu Wan and Others, the Court revoked letters of administration on the grounds that the administrator failed to establish that she was the deceased's wife and had made misrepresentations in her affirmation in support … Continue reading

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Filed under Private wealth and trusts