Time is money – limitation periods in the context of provision applications

In general, when someone dies their Will (assuming it is valid) is the final arbiter of where that person’s money and other property go.  However, statutes in both England and Hong Kong (and other similar jurisdictions) introduced an important exception to this general rule: those being immediately maintained before the death of the testator could … Read more

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

Bringing estate administrators to account

Estates disputes in Hong Kong come in all shapes and sizes.  We have previously covered disputes over Wills.  The case of Cheng Tsang Kam Yung v Tang Kam Cheung concerned a dispute over who administers the estate. Read more

Fort a losing battle?

In previous posts, we have covered some Wills disputes in Hong Kong. However, the phenomenon of large estate battles is by no means exclusive to Hong Kong. The recent Indian case concerning the estate of Raja Harinder Singh Brar Bans Bahadur is another case in point. 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