信托魅影：是否存在？因何被“击穿”？

Core Viewpoint - The ongoing legal dispute over the inheritance of Zong Qinghou, involving claims from alleged non-marital children, centers around the existence and management of a $2.1 billion family trust established in Hong Kong [1][4][11]. Group 1: Trust Existence and Legal Framework - The existence of the trust is under scrutiny, with claims that it was established through oral instructions rather than a written trust deed, which raises questions about its validity under different legal frameworks [4][6]. - In Hong Kong, oral trusts can be recognized if they meet the "three certainties" requirement: certainty of intention, certainty of subject matter, and certainty of beneficiaries [4][5]. - Previous cases in Hong Kong have set precedents for recognizing oral trusts based on evidence such as correspondence and financial records, but the burden of proof remains high [5][6]. Group 2: Role of Jian Hao Ventures Limited - Jian Hao Ventures Limited, registered in the British Virgin Islands (BVI), is a key defendant in the case, with its inclusion allowing plaintiffs to seek injunctions against asset transfers [8][9]. - The BVI's legal environment is favorable for offshore trust structures, which complicates the asset management and transfer processes in this dispute [8][9]. Group 3: Fund Transfer and Management - A specific fund transfer of $108.51 million from an account holding approximately $1.8 billion has raised concerns about the legitimacy of the trust and the authority of Zong Fuli to manage these funds [11][12]. - If the trust is deemed invalid, the funds may be treated as personal or corporate assets, allowing for simpler transfer processes if Zong Fuli can demonstrate rightful control [11][12]. Group 4: Implications of Trust Structure - The absence of a formal trustee in the lawsuit raises questions about the trust's legitimacy and the plaintiffs' ability to prove its existence [9][10]. - If the trust is valid, Zong Fuli may have broad discretionary powers to manage the trust assets, but this could lead to challenges regarding the exercise of those powers [12][13].