 was recently a guest speaker at the Hong Kong Trustees’ Association 35

 Anniversary Conference titled “35 years of Transformation in the Hong Kong Trust Industry”, where he addressed recent jurisprudential developments in the private wealth and trust sphere and practical perspectives on common issues encountered by trustees in the administration of trust.

Special thanks to the Hong Kong Trustees’ Association for the invitation and organisation of the event.

Norman Guy Donald & Anor v Li Pak Huen & Ors 

[2026] HKCFA 24, the Appeal Committee of the CFA refused leave for the Applicants to renew their challenge against the dismissal of their defences of adverse possession, having failed twice in the courts below.

This was an extraordinary case in which the Deceased had passed away over 70 years ago in 1955, but the administration of the estate has still not been completed. At issue was whether the two Applicants (one of the beneficiaries, and a non-family member) had a valid defence of adverse possession in respect of the family house at 15 Robinson Road (a Grade 2 historic building), so as to prevent the Administrators from obtaining an order for sale of the house.

Fok PJ, giving the Reasons for Determination, found that there was a substantial body of objective and undisputed evidence which clearly showed that the Applicants stayed in the family home with the knowledge and permission of the executors. Accordingly, the Applicants “

” the concurrent factual findings below.

In any event, the question of law raised (regarding whether a licence could only be granted jointly by all executors) was unmeritorious in light of the provisions in s.54 of the Probate and Administration Ordinance (Cap. 10). The grant of a bare licence over the family house was not a conveyance, and therefore could be granted by one of the executors alone.

, instructed by Stephenson Harwood, acted for the Respondents (Administrators).

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