Trust Law and Practice Update

Professionals from law, finance, wealth management and the trust industry itself can find themselves drawn into disputes relating to trusts or engaging trust law issues. Trust disputes and litigation can often be unusually complex and while there are significant rewards for those who handle them correctly, they pose serious financial and reputational risks if done wrong.

This course is delivered by counsel involved in several of the significant recent Hong Kong trust law cases and will provide an essential overview of legislative, procedural and case-law developments in this area. It will highlight the issues and areas most commonly encountered and answer frequently asked questions of those who may need to advise clients, reconsider their current practice, or take steps in current or pending litigation.

Detailed Information

Highlights of the course include:

  • The new Trustee Ordinance (Cap 29) and effects of the recent amendments
  • The correct approach and new procedural rules for Beddoe applications seeking the court’s approval of a decision to litigate or not – Highmax Overseas v Chau Kar Hon Quinton (2014) (Hong Kong Court of Appeal) and Practice Direction 20.3
  • Trustee/executor duties and their breach – Re Estate of Kong Wing Hong (various 2012-2017) (Hong Kong CFI/Court of Appeal)
  • Trusts in divorce – Kan Lai Kwan v Poon Lok To Otto and HSBC International Trustee Limited (2014) (Hong Kong Court of Final Appeal)
  • Construction of wills and will trusts – Chinachem Charitable Foundation Ltd v The Secretary for Justice and Others (2015) (Hong Kong Court of Final Appeal)
  • Fiduciary duties of directors – Poon Ka Man Jason  v Cheng Wai Tao (2016) (Hong Kong Court of Final Appeal)
  • Backwards tracing – Federal Republic of Brazil et al v Durant International Corporation et al [2015] UKPC 35
  • Illegal transactions – Patel v Mirza [2016] UKSC 42
  • Trustee decision making: British Airways Plc v Airways Pension Scheme Trustee Ltd [2017] EWHC 1191 (Ch)
  • Updates on recent English and international developments in trust law

Registration Conditions

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