Hands are Thai’d?

With increasing numbers of international estates and the multi-jurisdictional litigation it can create, the recent Court of Appeal decision relating to the estate of Vannee Nativivat raised an interesting issue: can an executor appointed under a foreign Will bring proceedings in Hong Kong if they have not obtained probate in Hong Kong? Read more

Misplaced Trust

At our last private wealth seminar, we took an in-depth look at charities.  A recent UK case has highlighted some of the curiosities which can arise in this context. Back in 1927, the UK national debt reached 160% of GDP (it is currently around 85%).  it appears that this state of affairs inspired one public-spirited … Read more

Hong Kong Court of Appeal sets the test for requiring the deposit of a Will

Battles over the validity of Wills are becoming more and more common.  A recent Court of Appeal case considered the step before any validity action, ie how someone gets hold of a copy of a Will at all.  Section 7(3) of the Probate and Administration Ordinance provides a mechanism by which someone holding a testamentary … Read more

New Hong Kong Trust Law to come into effect on 1 December 2013

On 17 July 2013, the Hong Kong Legislative Council passed the Trust Law (Amendment) Bill 2013, which will come into operation on 1 December 2013. The purpose of the amendments is to modernise Hong Kong trust law, which is considered to be outdated and out of step with more modern trust laws in comparable jurisdictions … Read more

The UK Supreme Court rules on whether properties held by companies controlled by the husband can be subject of an ancillary relief order (and provides important guidance on “piercing the corporate veil”)

On Wednesday (12 June 2013) the UK Supreme Court handed down its much anticipated judgment in Prest v Petrodel Resources Limited and others [2013] UKSC 34, in which it held that seven properties purchased by the husband through off-shore companies should be made subject of an ancillary relief order and should be transferred to the … Read more

Hong Kong court decides on whether a son or a daughter-in-law may rely on the presumption of advancement (and makes some findings on survivorship clauses)

There have been a number of recent cases in which family members have argued that funds provided by or held jointly with parents or parents-in-law were provided to them as a gift rather than being held on trust for the parent or parent-in-law.  These are often difficult cases resulting in lengthy litigation, as the court … Read more