Welcome to Herbert Smith Freehills’ new monthly private
wealth industry updates in Asia.
Every month we survey ten Asian jurisdictions for legal
developments concerning trust and estate planning which are of
interest to the private wealth industry, and provide a succinct
summary in a table format. The jurisdictions covered in the update
are Hong Kong, Singapore, China, Taiwan, Japan, India, Malaysia,
Indonesia, Thailand and the Philippines. We hope that these updates
will prove to be a useful resource to keep private clients,
business people, and lawyers abreast of legal updates in the
region.
Hong Kong
Hong Kong Court of Appeal upholds anti-Bartlett clause
In Zhang Hong Li v DBS Bank and others
the Court of Final Appeal ruled that the anti-Bartlett clause
contained in the trust deed effectively excluded any "high
level supervisory duty" with any purported residual
obligation on the part of the former trustee in relation losses to
a trust resulting from risky