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… Read more

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… Read more

The Royal Court of Jersey has recently heard the second application under the Foundations (Jersey) Law 2009 (the “Foundations Law”). The Application was from a trust company in its capacity as the sole council member of a set of foundations… Read more

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… Read more

The English High Court has recently found that a father could not change his Will so as to prevent his son receiving sole ownership of a family farm. [1] The farm had been promised to the son over the course… Read more

The Hong Kong High Court has recently held that Eric Hotung had not imposed a trust in his favour when he gave HK$2,000,000 to Ho Yuen Ki in 1961 for the purchase of shares in a Macau gambling business.[1] Whilst… Read more

In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev, [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the English High Court sentenced Russian businessman Sergei Pugachev to two years in prison for contempt of court.… Read more

In Erceg v Erceg[1]  the New Zealand Court of Appeal ruled on the standing of bankrupt beneficiaries to bring claims against trustees.  In addition, the Court considered the role of trustee discretion when determining beneficiary access to trust documentation. The… Read more

In a recent decision of the Royal Court of Jersey (In the Matter of the Piedmont Trust and the Riviera Trust [2016] JRC016), the Court delivered its judgment on costs in relation to proceedings regarding the replacement of trustees and… Read more

In Hniazdzilau v Vajgel [2016] EWHC 15 (Ch), the English High Court held that a claim for beneficial ownership in a company was not defeated by a defence of illegality, as the Claimant, Mr Hniazdzilau, had not relied on the… Read more

In Haastrup v Okorie [2016] EWHC 12 the English High Court held that a beneficiary was not entitled to sue on behalf of a deceased's estate where a personal representative had not been appointed. The Court noted that there are… Read more

The England and Wales Law Commission is considering plans to reform the will-making regime, including the rules for validity of wills and testamentary capacity. This post looks at the problem with the current regime, the focus of the Law Commission… Read more

In Ong & Ors v Ping [2015] EWHC 3258 (Ch), the High Court of England and Wales (Chancery Division) limited the legal costs recoverable by a mother and her children (the "Claimants") on the grounds that from a certain point… Read more

The Hong Kong Government proposes to introduce draft legislation early this year in respect of a new information collecting regime from banks, custodians, insurance companies, brokers and investment entities.  The regime involves the collection of certain financial information of overseas… Read more

As Hong Kong’s population ages and the incidence of dementia increases,  the need for effective and efficient long-term care and support systems for the elderly is becoming more critical. Particularly under the spotlight is the protection and management of a… Read more

In Lockston Group Inc v Nicholas Stewart Wood [2015] EWHC 2962 (Ch), the English High Court held that foreign currency claims and claims for interest in a deceased insolvent's estate should be calculated at the date of death, rather than… Read more

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… Read more

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… Read more

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… Read more

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… Read more

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… Read more

In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets… Read more

In ZENG QILING (A MINOR, BY MOTHER AND NEXT FRIEND WANG LIMEI) v. HOU PO CHU ESTELLA AND ANOTHER, the Court exercised its discretion under section 36 of the Probate and Administration Ordinance (the "Ordinance) to appoint two professional administrators… Read more

In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and rectify a Will to reflect the testator's true intentions. Re Harte affirmed the… Read more

Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei Viktorovich Pugachev (Mr Pugachev) (see our article of 27 November 2014) . In a new decision, the Court has extended the… Read more

In Leung Mee Kuen v Leung Siu Kuen Bessie, two sisters were in dispute over the beneficial ownership of a property.  The property had been bought using the proceeds of sale of another property. The dispute as to beneficial ownership… Read more

A recent Hong Kong case sheds light on the difficult question of how to handle evidence from dementia sufferers. In Chan Sung Lai v Chan Sung Lim Paul and Chan Chun Chung [1958 /2011] a dementia sufferer had given a… Read more

In King v The Chiltern Dog Rescue [2015] EWCA Civ 581, the English Court of Appeal had to decide whether to overturn a decision of the Chancery Division of the High Court to permit a man to inherit his aunt's… Read more

In In the matter of the Y Trust [2015] JRC 059, the Royal Court of Jersey was called upon to decide whether a trustee could surrender its power to the Court, so that the Court could exercise that power. The trustee… Read more

As lawyers specializing in mental capacity issues, particularly as they apply to property transfers and wills, we are often asked what test applies, and when. This can be a difficult question and often the answer is not straightforward. In a… Read more