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Course Details

Managing the Property and Affairs of Mentally Incapacitated Persons
Sherlynn Chan, Partner, Stevenson, Wong & Co.
Chua Guan-Hock SC, Barrister-at-law, Des Voeux Chambers
Teresa Wu, Barrister-at-law, Des Voeux Chambers
Date: 24 June 2019 (Monday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,650
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L19OT09
Venue: Learning Commons
Unit 903, 9/F,
Euro Trade Centre,
21-23 Des Voeux Road,
Central, Hong Kong
[View Map]
Presenter's Biography:

Sherlynn has extensive experience in handling a wide range of contentious litigation including family, trusts and probate disputes and personal injury. She has acted on behalf of litigants under disability and has been appointed by the High Court as Committee of the estate of mentally incapacitated persons ("MIPs") under Part II of the Mental Health Ordinance ("MHO").
Prior to joining the firm, Sherlynn worked in the Legal Aid Department and Official Solicitor's Office ("OSO") for over 11 years. During her employment at the OSO, Sherlynn handled numerous MIP committee files and prepared annual accounts to the High Court to reflect a true and accurate picture of the complete financial position of the MIP's estate.
In addition to being appointed as Committee for the MIPs and managing their property and affairs, Sherlynn has provided legal advice to Committees and interested parties. She also represented applicants in highly contested as well as non-contentious Part II MHO applications.


Chua Guan-Hock, S.C. of Des Voeux Chambers works on a wide range of matters including tax and shareholders disputes. His practice covers a broad spectrum of advisory and advocacy work in 3 main areas : commercial litigation, company work, and tax and trusts matters. I also give expert opinions from time to time on Hong Kong law for use in overseas courts and tribunals.
Over the past 30 years, his practice has included appearing and advising in several heavy commercial and company matters, notably in the Court of Final Appeal in ADS v. Wheelock Marden & Others (2000) 3 HKCFAR 70, after one of Hong Kong's longest civil trials lasting 14 months. Over the years, I have worked with many leading Silks from London and Hong Kong in a wide variety of matters including in my main practice areas above.

Teresa received her legal education from the University of Hong Kong and graduated with a First Class Honours in LLB and completed her PCLL with distinctions in subjects. She also obtained the post-graduate BCL degree from Oxford University where she was awarded prizes before she was called to the Bar in 2000. She subsequently joined Des Voeux Chambers a year later.
Teresa has a broad civil practice with a strong focus and a particular emphasis on inheritance, wills, probate and trusts matters.
She advises on and acts in claims pursuant to the Probate and Administration Ordinance (Cap. 10), Wills Ordinance (Cap. 30), Trustee Ordinance (Cap. 29), Intestates' Estates Ordinance (Cap. 73) and Variation of Trusts Ordinance (Cap. 253).
She has developed a practice which involves the law on testamentary capacity, undue influence, lack of knowledge and approval, due execution, mutual wills, lost wills, construction of wills, domicile and jurisdiction, construction and rectification, removal of PRs and trustees, administration of estates, accounts and inquiries, variations and amendment of trusts and breach of trust claims etc.
She acts for minor beneficiaries, persons under incapacity, professional PRs and beneficiaries, and in applications for revocation of grants, accounts, removal and variations and amendments of trusts and in actions involving documents purporting to embody testamentary intentions without complying with the relevant statutory requirements etc.
 
Outline:

  • Facts and Trends of Aging Population in Hong Kong
  • Introduction to Mental Health Ordinance, Cap.136 and Common Causes of Mental Incapacity
  • Case Studies and analysis
  • Difference between Guardian and Committee
  • Introduction of Part II of MHO
  • Relevant case law/judgments
  • Court's power to protect and manage MIP assets
  • General overview of different types of assets and practical considerations on how to manage the same
  • Scope and Power of Committee appointed
  • Jurisdiction (statutory, inherent, extra-territorial)
  • Mental capacity
  • Statutory Wills
  • Q&A

 
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