How to make good use of asset allocation tools to deeply expand case sources
On September 21, 2022, a sharing and exchange meeting on the theme of "How to make good use of asset allocation tools to deeply expand the source of cases" was held in the conference room of
on the 22nd floor of the Radio and Television Financial Center.
Lawyer Han divided the content of the sharing exchange meeting into two lectures. At this week's exchange meeting, lawyer Han mentioned that the integration of the world economy is the general trend, and family wealth management must have a global perspective. Correspondingly, everyone must jump out of the identity of a lawyer, have a "cross-border thinking", and comprehensively use insurance, wills, trusts and other tools to personalize and globalize family property from the perspective of an "architect". Management, while meeting the financial management and inheritance needs of customers, thereby further expanding our source channels.
Lawyer Han first shared the "Will Education Savings Plan" and "Will Insurance Trust" as examples, and introduced the properties and functions of wills and insurance as asset allocation tools to the audience in detail. Then it focuses on a trust lawsuit involving about 0.1 billion yuan, namely Zhang/Ji vs DBS trust case, which lost the first instance and won the final instance in Hong Kong.
The plaintiff is the beneficiary of the trust, which was established as a lien trust (Reserved Power Trust). The High Court of Hong Kong ruled in the first instance that DBS, as trustee of the trust and director DHJ Management, had not fulfilled its high-level supervisory responsibility (high level supervisory duty) and was liable for the loss of the trust property.
The Hong Kong Court of Final Appeal ruled that, in accordance with the "Anti-Bartlett" clause signed by both parties, the trustee's management functions had been devolved and the supervisory responsibility had been waived accordingly, and that all transactions of the trust were decided by JI (Investment Adviser) itself, and that the loss of the trust property should be borne by itself.
On this basis, lawyer Han Xiping further shared the historical origin of the trust system, the development of the trust system in China, and analyzed the definition of trust and the difference between trust and other legal systems. In this lecture, lawyer Han was full of passion and emotion; the interaction between the stage and the stage was frequent, and the response was enthusiastic, and good learning and communication results were achieved.