查看完整版本 : 如何合法地處理朋友留在自己名下的存款?

是咁的, 親戚十年前受朋友所託代處理一筆定期存款(因為朋友唔想比已離婚既大陸老婆同自己兄弟知有筆錢). 一直都無問題的, 但近四年親戚聯繫唔上朋友, 而一向又無同佢前老婆或兄弟有接觸. 加上十幾年前朋友已確診患癌, 所以懷疑朋友已經離逝. 想問, 親戚現在如何合法地處理那筆錢(親戚是用自己名開定期各戶口的)? 是否要登報尋人啓示及去生死註冊處查證朋意友是否已死亡? 但無朋友身份證號碼會查到嗎? 請指教. 謝!

Anybody？？？

庸人自擾，如果佢死咗，佢唔會追番啲錢嘅。如果無其他人知，即係無其他人會問。

I think the money in the bank account is held under a resulting trust for the friend.

Since the intention of the friend is not to make an absolute gift to your relative, but he merely entrusted your relative to keep the money on his behalf. In other words, although the friend transferred the money to a bank account under your relative's name, he intended to retain a beneficial interest in the money throughout the whole process. I think this intention itself is sufficient to create a resulting trust between your relative and that friend. See [i]Westdeutsche Landesbank Girozentrale v Islington LBC [/i][1996] UKHL 12 and [i]Air Jamaica Ltd v Charlton[/i] [1999] UKPC 20. Your relative therefore holds the money under a resulting trust for the benefit of the friend.

Even the friend has already passed away, in theory the executor or administrator of his estate can still bring a legal action against your relative to recover the money. According to Limitation Ordinance (Cap.347) section 20(1)(b), there is no limitation period for an action brought by beneficiary to recover trust property which is in trustee's possession. Therefore, your relative shall take all reasonable steps to contact the friend or any close persons of him. Your relative should confirm whether the friend is still alive and, if he has already passed away, inquire into who is the executor or administrator of his estate. Unless obtaining any permission or consent, otherwise your relative is not entitled to freely dispose of the property since this will be a clear case of the breach of trust. This may then potentially give rise to legal liability.

This is merely my personal opinion, but not in any event a piece of legal advice. Please remind your relative to seek professional legal advice before taking any action.

[[i] 本帖最後由 hello1122244 於 2017-12-8 01:42 AM 編輯 [/i]]

[quote]原帖由 [i]hello1122244[/i] 於 2017-12-8 01:02 AM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=472068304&ptid=27096230][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]
I think the money in the bank account is held under a resulting trust for the friend.

Since the intention of the friend is not to make an absolute gift to your relative, but he merely entrusted yo ... [/quote]


多謝師兄意見。我就係驚唔知幾多年後人地個老婆同仔發現原來佢老豆有筆錢係我親戚度話要攞返，如果佢比唔出就麻煩。不過當年係比cash我親戚既，應該無銀行記錄。但我親戚真係一直都無佢朋友d親人既contact.……

[quote]原帖由 [i]handsomeyan[/i] 於 2017-12-10 08:25 PM 發表 [url=http://www.discuss.com.hk/redirect.php?goto=findpost&pid=472196121&ptid=27096230][img]http://www.discuss.com.hk/images/common/back.gif[/img][/url]



多謝師兄意見。我就係驚唔知幾多年後人地個老婆同仔發現原來佢老豆有筆錢係我親戚度話要攞返，如果佢比唔出就麻煩。不過當年係比cash我親戚既，應該無銀行記錄。但我親戚真係一直都無佢朋友d親人既contact. ... [/quote]

To be honest, I don't think whether there is any proof of bank record is material in such a case. Since in many trust cases it is quite often that the trust was created more than 10 years ago. Oral communications are sufficient to create a trust, even in the absence of written instruments. Of course such oral communications must be clear and unequivocal, or otherwise no legal obligations will arise.