Our Litigation and Dispute Resolution Team possesses extensive experience in handling contentious trust and probate disputes as well as contentious and non-contentious mental health proceedings.
Experiencing the loss of a loved one can be an immensely challenging ordeal, and problems arising from the handling of their estate can further exacerbate the pain. At WPCL, we handle contentious probate matters with tact and sensitivity and recognise that unravelling the complexities of family dynamics is often crucial in finding a right solution.
We also have a wealth of experience in handling both contentious and non-contentious mental health proceedings. On the contentious side, in particular, we have acted for high-net-worth families in lodging emergency applications under MHO, including injunctive reliefs against the dissipation of assets belonging to the alleged mentally incapacitated persons (“MIPs”) and the setting up of interim committee, and managing the MIPs’ assets in Hong Kong and overseas.
Our Experience
Trust and Probate Disputes
- Challenges to the validity of wills
- Revocation of letters of administrations
- Estate distribution disputes
- Replacement and removal of trustees, executors and administrators
- Claims against trustees and professional advisors for breach of fiduciary duties
- Applications for Beddoe Orders (i.e. a court order allowing a trustee or an executor to be indemnified from the estate for litigation costs incurred in the course of administering the trust or the estate)
- Maintenance claims of dependants against a deceased’s estate under the Inheritance (Provision for Family and Dependants) Ordinance, Cap. 481
- Succession under the Qing Code and Chinese customary law
Mental Health Proceedings
The vicissitudes of life can subject us all to difficult and emotionally devastating circumstances. Among the most distressing and heart-wrenching experiences is the loss of cognitive abilities due to accidents, illnesses or degeneration.
If a loved one loses mental capacity to manage and administer his property and affairs, and there are no existing safeguards in place, a guardianship order or an order under Part II of the Mental Health Ordinance, Cap. 136 (“MHO”) may become necessary.
Ideally, individuals will make an Enduring Power of Attorney (“EPA”) while they are still of sound mind. An EPA allows them to designate a trusted family member or friend to make financial decisions on their behalf in the unfortunate event that they become mentally incapacitated.
However, if there is no EPA in place, the responsibility falls on the family members to bring proceedings before the Guardianship Board and/or the Court to determine who takes up the role of guardian or committee.