Commorientes and survivorship

In Ting Kam Yuen v Cheung Wing Kin ([2011] HKEC 1151) H and W were joint tenants of two properties. They were both in the same fishing vessel that sank after colliding with a ship. Section 11(1) of the Conveyancing and Property Ordinance  provides that where there is uncertainty as to the order in which joint tenants have died the younger is deemed to survive the elder. W was younger than H. If there were any uncertainty, the property would pass into her estate. In this case, however, the court concluded on the facts that H had, in fact, survived a little while longer than W. As a result, the properties passed to H’s estate under the right of survivorship and so were available to his creditors.

4 Responses to “Commorientes and survivorship”

  1. Gary Says:

    Seems that the verdict is very very artificially designed for the creditors… OMG~

  2. google plus 1 Says:

    What a really incredible blog

  3. someone Says:

    please note that the name of the case should be ‘Ting Kam Yuen’ instead of ‘Tang Kam Yuen’

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: