CONSULTANTSarina Cheung
Sarina is a consultant of RKS specializing in wills and probate, trust, mental health law and related applications and estate administration and litigation.
Prior to entering the legal industry, Sarina headed the Department of Probate Services in a well-established and reputable trust and banking corporation in Hong Kong and had accumulated over 10 years of experience there as a trust and estate practitioner. She led her team to involve in major trust and probate administrations and was well trusted by her peers and her clients as being professional, passionate, and strategic. In 2018, she made a big career move to be qualified as a lawyer. She was trained in an international law firm specializing in private clients, and stayed there for a year before moving to RKS.
Education –
The University of Hong Kong, PCLL
The University of Hong Kong, B. Econ & Finance
Manchester Metropolitan University, LL.B
Language – Cantonese, English & Mandarin
Education –
The University of Hong Kong, PCLL
The University of Hong Kong, B. Econ & Finance
Manchester Metropolitan University, LL.B
Language – Cantonese, English & Mandarin
LitigationContentious Trust and Probate Cases
- Acting for clients on the revocation of a Grant of Probate, which was wrongfully issued based on a revoked Will.
- Acting for the mother to ascertain the rights of her illegitimate child over the estates of his late father against an estranged but not divorced spouse
- Acted for client regarding a Grant application by conservators of one of the residuary beneficiaries who is a mentally incapacitated person
- Acted for client on her financial claims pursuant to Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) against the estates of a wealthy tycoon who was a beneficiary of a substantial family trust.
- Acted for the trustee of a trust which was one of the residuary beneficiaries in a claim brought by the beneficiaries of a complex estate against the executors for breach of fiduciary duties.
- Involved in a case of a fixed trust and a discretionary trust, under Cayman Law, with the same settlor. The dispute concerned whether ”issue” as identified in the trust deed includes the illegitimate children of the settlor.
Mental Health Law Cases
- Acted for client on a contentious committeeship application under Part II Mental Health Ordinance. The elderly involved is a renowned philanthropist in Hong Kong, the family of the MIP is divided into two camps and is in dispute over the mental capacity of the elderly.
- Acted for client on a contentious committeeship application under Part II Mental Health Ordinance. The MIP is residing in Hong Kong with his second wife and their daughter. Suspicious assets transactions were discovered, and steps were taken to mitigate potential asset dissipation.
- Advised client who was appointed as an attorney under an Enduring Power of Attorney to rectify any potential breach of his duties.
- Acted for client to revoke and deregister a registered Enduring Power of Attorney
- Acted for client for a Statutory Will to be executed, expeditiously and within 3 months, on behalf of the mentally incapacitated person. Strategic advice was given to resolve potential opposition to ensure the application went smoothly.
- Acted for a single mother to set up a trust for her adult child with severe autism. The mother was approaching retirement and was concerned about the financial well-being of her daughter upon her own demise.
Non-contentious Probate Cases
Sarina has extensive experience in dealing with probate administration, both locally and internationally. She often works with overseas experts to facilitate the administrations. Below are a few highlights:
- Grant application for a deceased domiciled in Singapore who died intestate. The estate consisted of valuable real estate properties in Hong Kong under leases. Applied for Grant Ad Colligenda Bona to collect rent and renew leases and conducted Rule 29(c) application for a Grant of Letters of Administration.
- Assisted UK beneficiaries in execution of a Deed of Variation to vary their entitlement for succession purposes. The deceased was the sole beneficiary of her husband’s estate, who passed away one month before she died. Sarina gave advice to appoint an executor of the husband’s estate who was also appointed as a substitute administrator for wife’s estate.
- Acted for the executor to negotiate with the UK Tax authority to substantially reduce the worldwide IHT on the deceased’s assets situated in four jurisdictions and beneficiaries from four jurisdictions consisting of individuals, local and oversea charities.
- Assisted family of a deceased to apply to Court for leave to probate a copy Will as the Original Will was lost.
Wealth and Sucession Planning
- Advise clients on sucession planning and wealth planning to cater for their life issues. Sarina works closely with our family team to offer strategic advice on the structure of the planning from litigation perspective.
- Will Drafting for clients with multi-jurisdictional tax concerns and complicated family dynamics.
- Drafting and reviewing Trust Deeds for clients and trust corporations.
- Drafting Enduring Powers of Attorneys and other wealth planning related documents.
Affiliated Membership/Associations
- Member of Society of Trust and Estate Practitioners (STEP) and its Mental Capacity Law Sub-Committee
Talk sessions / Speeches
Sarina has shared her knowledge in probate and estate administration, and mental health related legal issues in publications, conferences, seminars and other settings, including the following:
Professional Publications
Ways to pass on wealth to the next generation
Hong Kong Lawyer, Co-author, March 2021
Planning ahead in times of the Coronavirus
Co-author, March 2020
Managing incapacity in Hong Kong’s ageing population
Co-author, January 2020