請問有關遺產信託的問題 (重要,求有法律知識的大人幫忙解答...)?

本人母親於我16歲時過世,由於我當時年幼,故某親戚成為了監護人

在母親過世一兩年內,我們曾找律師立下了信託 (因為當時我處於精神狀態非常差的情況,故未能記得跟律師訂立的信託內容)

但本人現在所住的物業是當時以媽媽遺產的金錢而買的,而因為我當時只有16歲,故填寫的是監護人的姓名。

到今天,由於已經過了12年了,但監護人仍然未把全部金錢及物業回歸本人名下...更不時放話恐嚇,搬龍門,稱本人要婚後才能拿回東西,之後又說要有孩子才能拿回。

在這種情況下,我想到尋找當時處理信託的律師去了解訂立的信託內容,然而我發現他的律師行已經不復存在,而他任職的 鄭楊律師行仍未能聯絡上,發給律師的電郵亦彈回來,表示未能找到該電郵地址…

那如果已經找不到當時的信託律師,那代表我的信託已經沒有法律效力嗎?(我並沒有該信託的法律文件)

但我有母親的遺產承辦書,但承辦書內並沒有後來以遺產買下的物業…

很希望有專業的大人...可以幫幫小妹,因為我已經無計可施...

2 個解答

評分
  • Gary
    Lv 7
    5 年前
    最愛解答

    It is a unfortunately situation, although fairly common.

    In answering your question, the trust is not invalid simply because you can't find the lawyer. In fact, many legal documents are still valid even when all parties of the documents have passed away.

    Beside - the trust document is not really important in this instance, since you were a minor at the time of your mother's death. A Court will never allow inheritance when you are a minor. So it is presumed some sort of guardianship or trust has been setup and your relative is the key person.

    Here is what you need to do:

    1. Return to the Probate Registry and try to obtain a copy of all document available.

    This will give you an idea what happened at the time of your mother's death and the potential size of the estate.

    2. Try to find and contact the lawyer who assisted the probate at that time

    Guardianship or trust is a fairly complicated process. There is no way that your relative did this without help.

    3. Contact the Law Society of Hong Kong to locate the lawyer(s) or firm(s).

    When a lawyer or firm is out of business by any reasons, it does not mean everything can be destroyed. Instead, a custodian of record will be designated to retain records.

    The Law Society can't give you any legal advice. However, the Society should be able to provide the detail of a particular firm or lawyer, active or not. Once you have that information, you should be able to locate the lawyer or firm retaining the trust document (a lawyer or firm can't destroy a trust document as a matter of law).

    4. Review the trust document (preferably with a lawyer).

    See above - it will not be surprise that your relative is granted full authority. The question is the expiration date of the authority.

    Also - the trust document will give a better idea of your mother's estate.

    5. Retain your lawyer and request an audit.

    It is possible that your relative still retains full authority. It does not mean there is nothing can be done. When you are the beneficiary, you are entitled to request an audit of the estate. The easiest way is to retain a lawyer and the lawyer asks your relative "nicely" without a court order. In many instances, the trustee will usually comply given the fact that they can never win (it is not the trustee's money after all).

    Many of the above can be done by you as they are not complicated. You can also hire a law firm to do so (but it will cost you).

    Sorry to say - regardless, it is a full-scaled warfare. It is going to cost you (perhaps recoverable from your relative) and your family relationship (as you will not only go after your mother's estate, but your relative's asset as well if improperly transferred or profited).

  • 5 年前

    Dear Gary,

    Thank you so much for all the explanation and advice, and fortunately I finally find my lawyer even though he had already closed down his law firm. I hoped that all situation can be settled as soon as it can...Coz it has already ruined the relationship between me and my guardian.

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