Presumption of advancement rebutted

Wong Fu Cheung v Wong Pui Hung Peter ([2012] HKEC 927) was a dispute between father and son. Property was bought in their joint names and the father (and his company) provided the entire purchase price. He claimed to be the sole beneficial owner under a resulting trust; the son claimed that the father had made a gift of the property to him. The court noted that the presumption of advancement was applicable. In modern times the court has to be careful to weigh its probative value given that the aim is to discover the parties’ true intentions. The court found that there had been no intention to make a gift and the son was trustee for the father who was the sole beneficial owner.

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