Sherlynn Chan

Partner | Family & Private Wealth

sherlynn.chan@deacons.com

+852 2825 9328

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Sherlynn, Head of Family, Mental Capacity and Vulnerable Client practice, is a seasoned family lawyer, fellow of the International Academy of Family Lawyers and an accredited family mediator. She handles complex and sensitive matrimonial cases including divorce, separation, cohabitation, financial claims as well as children matters (access, custody, relocation, and international child abduction) and injunctive relief for preservation of assets.

Her family practice includes trust and probate disputes and applications for financial provisions under the Inheritance (Provision for Family and Dependants) Ordinance (Cap 481) as well as advisory work in relation to trusts, succession planning and wealth protection. She previously sat as a Deputy Family Court Judge in Hong Kong.

Sherlynn is also a leading lawyer in mental capacity law, frequently acting for vulnerable clients. She has been appointed by the High Court on multiple occasions as Professional Committee for Mentally Incapacitated Persons to manage their property and affairs, partnering with reputable bankers, accountants and property consultants. She also advises Committees and represents applicants in contested and non-contested applications under Part II of the Mental Health Ordinance (Cap 136).

She works closely with international trust corporations when advising high net worth clients and family offices on complex probate and family disputes. Sherlynn is the Winner of the 15th Annual STEP Private Client Awards – Vulnerable client Advisory Practice of the Year.

Sherlynn is the author of “A Practical Guide to Mental Health Law in Hong Kong” and chair of the Mental Health Law Committee of the Law Society of Hong Kong, and co-chair of the Society of Trusts and Estate Practitioners (STEP) HK’s Mental Health, Elderly and Capacity Law sub-committee. She is also the Chairman and co-founder of a charity, MIP Care Resources Connect.

Sherlynn’s experience includes:

• Advising on matrimonial matters including financial claims under the Matrimonial Proceedings and Property Ordinance (Cap 192)
• Advising on children matters, including access, custody, relocation and child abduction cases under Hague Convention (Cap 512) and the Guardianship of Minors Ordinance (Cap 13)
• Advising on pre-nuptial and post-nuptial agreements
• Resolving complex family, probate and trust disputes
• Advising on financial claims by family members and dependents of deceased estates under the Inheritance (Provision for Family and Dependents) Ordinance (Cap 481)
• Acting for litigants under disability in high value litigation

Highlights

Family Cases

• Acted for a spouse in a high net-worth post nuptial agreement involving assets worth over HK$2 billion including property settlement and setting up of trusts for the children
• Acted for the Hong Kong husband in a cross-border matrimonial financial dispute, where the wife has substantial assets in Mainland China and was allegedly not the beneficial owner of the multi-billion RMB assets which consist of properties and companies.
• Acted for a Mainland Chinese mother in a maintenance claim under the Guardianship of Minors Ordinance against a Hong Kong father in respect of a child born out of wedlock in Hong Kong. The case involved challenges to paternity and DNA testing.
• Represented the Japanese spouse to a British citizen living in Hong Kong in a highly contentious custody access and relocation application. This case involved assistance from both local and international social investigation officers and liaising with UK and Japanese lawyers.
• Acted for a Hong Kong spouse married to a Japanese citizen with one child in the family. Advising the spouse on the safe return of the child to Japan under the Hague Convention which involved liaising with the Central Authority of Hong Kong and the divorce lawyer in Japan in relation to the corresponding divorce proceeding there and securing a mirror order to ensure a smooth transition for the return of the child to Japan under the Hague proceedings.
• Acted for a Venezuela and Hong Kong couple in relation to child custody and access applications as well as issues involving jurisdiction and relocation matters.

Mental Capacity and Vulnerable Clients Cases

• Appointed by the Hong Kong High Court as the Professional Committee to administer and manage the properties and affairs of a matriarch who is a mentally incapacitated person, with an estate worth over HK$600 million.
• Appointed by the Hong Kong High Court as the Professional Committee to administer and manage the properties and affairs of a childless widow with various landed properties in Hong Kong and highly contentious family members making claims against her properties. In her capacity as the Committee, Sherlynn was also appointed as the administratrix of the widow’s late husband for the benefit of the widow.
• Acted for two of the five siblings in relation to their parents’ estate, including contentious probate proceedings over the estate of their late father, contentious proceedings under Part II of the Mental Health Ordinance (Cap. 136) and contentious proceedings under the Enduring Power of Attorney Ordinance (Cap.501).
• Advised trustee company of a family trust set up by the patriarch in a highly contested divorce proceedings of his son involving financial disclosure and related applications.
• Advised Court appointed professional administrators of a wealthy entrepreneur’s estate in a highly contentious probate proceedings involving disputes in control over a large mainland business, investigation into complicated transactions and alleged loans of over HK$600 million.

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