Hong Kong Court Confirms Advance Before Estate Has Been Established for Trusts

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The Hong Kong Court of Appeal has decided an important precedent for trust & estate law in Section 34 Re The Estate of Chen Din Hwa (2019). The statutory power of advancement in of the Hong Kong Trustee Ordinance is exercisable by personal representatives whilst the estate is still in administration, not only after the residuary estate has been established.

The judgment brings Hong Kong law into line with common practice, confirming that personal representatives can assist beneficiaries during administration even where the will does not expressly grant executors all the powers of trustees during administration.