| (Webinar via Zoom) Are Legal Co-owners of Land, Bank Accounts, Safe Deposit Boxes and Chattels also Beneficial Owners? |
| Date: |
15 October 2024 (Tuesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points will be applied for) |
| Ref: |
L24OT23 |
| Venue: |
Webinar Course
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Presenter's Biography:
Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, and property law courses for undergraduate and postgraduate students. Steven also teaches a course on art, antiquities, cultural heritage and the law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property. Steven's research interests include equity and the law of trusts, cultural heritage law, legal history, and law and technology.
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Objective:
Although people often hold property in joint names, this does not always mean both have a beneficial interest in that property. Many disputes arise with regard to co-ownership and
whether the legal owners of property are the owners in equity. In particular, disputes often arise upon the death of one of the joint owners. The surviving joint owner may claim the property is theirs absolutely by way of survivorship or intervivos gift, or the deceased's family may claim it is held on an express or implied trust. The latter claim is often based upon the fact that the deceased owned the property alone and then transferred it into joint names, or contributed all of the purchase price of the property. This three-hour course will consider the disputes which arise over the ownership of joint name property, whether it is held on trust for both in equal shares, in differing shares for both, or for one co-owner alone. The seminar will consider the approach courts may take to questions about jointly owned property - for jointly owned land and personal property, and, in particular for the latter, joint name bank accounts and safe deposit boxes rented in joint names. The seminar will conclude by considering whether there is a single unified approach to questions of joint ownership, or whether the common law maintains its traditional exceptions.
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Outline:
- Co-ownership of land after Stack v Dowden [2007] UKHL 17, and Jones v Kernott [2011] UKSC 53;
- The cautionary approach to disputes involving the estate of the deceased after Yung Shu Wu v Vivienne Sung Wu (2011) 14 HKCFAR 39;
- The unified approach to disputes involving property in Leung Wing Yi Asther v Kwok Yu Wah (2015) 18 HKCFAR 605;
- The resurrection of the presumption of resulting trust by the Privy Council in Marr v Collie [2017] UKPC 17;
- Ownership of joint name bank accounts after the majority of the Privy Council's guidance in Whitlock v Moree (Bahamas) [2017] UKPC 44;
- Ownership of safe deposit boxes in Hong Kong after Wing Lung Bank Ltd v King Arnold Theo [2020] HKCFI 911;
- Is there a unified approach to solving property disputes among legal owners of property?
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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