LITTLITT Try LITT free
Singapore

Lakshmi Anil Salgaocar (suing as the administratrix of the estate of Anil Vassudeva Salgaocar) and another v Darsan Jitendra Jhaveri and others (Kwan Ka Yu Terence, third party) [2023] SGHC 47

The court held that an oral agreement created a trust over shares in various SPVs, and that the trustee breached his fiduciary duties by misappropriating assets.

Sushant Shukla· ·15 min read
Singapore

Er Kok Yong and another v Tan Cheng Cheng (as co-administratrix of the estate of Spencer Tuppani, deceased) and others [2023] SGHC 38

The Plaintiffs failed to prove their claims of a resulting trust or common intention constructive trust over the property registered in the deceased's sole name due to lack of credible evidence of financial contributions and common intention.

Sushant Shukla· ·13 min read
Singapore

Tan Boon Teck Donald v Lum Shih Kai [2023] SGHC 347

The court cannot exercise its inherent powers or powers under s 56(1) of the Trustees Act to override an express prohibition in a will against the sale of property within a specified period, unless there are exceptional circumstances or it is necessary to carry out the testator's

Sushant Shukla· ·14 min read
Singapore

Ng Lai Kuen Priscilla Elizabeth and others v Ng Choong Keong Steven [2023] SGHC 343

The court held that the defendant held his interest in the Property on a resulting trust for the Father, as the Father paid the entire purchase price and there was no evidence of an intention to benefit the defendant.

Sushant Shukla· ·14 min read
Singapore

Khoo Phaik Eng Katherine and another v Khoo Phaik Ean Patricia and another [2023] SGHC 314

The court held that the conversion of personal bank accounts into joint-alternate accounts did not automatically confer beneficial interest on the survivors where the evidence showed the deceased intended to retain beneficial ownership for his estate.

Sushant Shukla· ·13 min read
Singapore

Mahmud Ebrahim Kasam Munshi v Mohamed Saleh [2023] SGHC 309

The court held that the defendant held the joint account and a portion of the JC Court Property on a resulting trust for the Mother's estate, as the defendant failed to rebut the presumption of resulting trust with evidence of a common intention or advancement.

Sushant Shukla· ·17 min read
Singapore

Ang Hua Heng and another v Ang Hwa Khong Daniel [2023] SGHC 283

The court held that the Deed of Trust was a valid and enforceable instrument that evidenced an express trust over the property in favour of the deceased, Mr Ang, as he had paid the purchase price.

Sushant Shukla· ·15 min read
Singapore

Tan Hui Min Sabrina Alberta v Chiang Hai Ding and another [2023] SGHC 259

The High Court dismissed a claim for a constructive trust over 11 Martaban, ruling that the plaintiff lacked beneficial interest. The court applied the presumption of resulting trust, finding that financial contributions were made by the defendants, and rejected the defendant's gift narrative.

Sushant Shukla· ·9 min read
Singapore

Khoo Jee Chek v Lim Beng Tiong [2023] SGHC 233

In Khoo Jee Chek v Lim Beng Tiong [2023] SGHC 233, the High Court applied the presumption of resulting trust to determine beneficial interests in a co-owned property, rejecting claims to adjust shares based on subsequent mortgage and maintenance payments, and ordering a clean break.

Sushant Shukla· ·8 min read
Singapore

Cheng Ao v Yong Njo Siong [2023] SGHC 22

In Cheng Ao v Yong Njo Siong [2023] SGHC 22, the High Court ruled that the plaintiff held property on a resulting trust for the defendant. The court rejected the claim of beneficial ownership, emphasizing that funds were earmarked for the defendant by the family patriarch.

Sushant Shukla· ·8 min read
Singapore

ByBit Fintech Ltd v Ho Kai Xin and others [2023] SGHC 199

USDT is a chose in action and is property capable of being held on trust.

Sushant Shukla· ·13 min read
Singapore

Lau Sheng Jan Alistair v Lau Cheok Joo Richard and another [2023] SGHC 196

The court held that the Trust Deed was not a sham and was not unenforceable for illegality, thus allowing the sole beneficiary to terminate the trust under the rule in Saunders v Vautier.

Sushant Shukla· ·14 min read
Singapore

Hoie Kok Hing v Hoie Tip Fong (sued as an individual and in her representative capacity as the executrix of the estate of Hoie Wai Fong, deceased) [2023] SGHC 176

The High Court dismissed the plaintiff's claims in Hoie Kok Hing v Hoie Tip Fong [2023] SGHC 176, rejecting allegations of a 'family trust' and fiduciary breaches. The court ruled that assets belonged to the defendant and her sisters, emphasizing the need for cogent evidence in estate disputes.

Sushant Shukla· ·8 min read
Singapore

Chang Ham Chwee v Chan Siew Khim and Others [2008] SGHC 4

The plaintiff failed to prove that he took over his father's lighterage business in 1950 and that the properties in question were purchased with his money held on trust by his mother.

Sushant Shukla· ·12 min read
Singapore

Yeo Guan Chye Terence and Another v Lau Siew Kim [2007] SGHC 7

In Yeo Guan Chye Terence and Another v Lau Siew Kim [2007] SGHC 7, the High Court addressed the principles of resulting trusts and the presumption of advancement in the context of property ownership disputes between family members.

Sushant Shukla· ·7 min read
Singapore

Comboni Vincenzo and Another v Shankar's Emporium (Pte) Ltd [2007] SGHC 55

A recipient of funds is not liable as a constructive trustee for knowing receipt unless their conscience is affected by knowledge of the fraud or breach of trust, and the Baden categories of knowledge are not a substitute for the test of unconscionability.

Sushant Shukla· ·15 min read
Singapore

Oei Tjiong Bin and Another v Tsu Soo Sin and Another Suit [2007] SGHC 215

The court held that the father had validly assigned the chose in action (the right to repayment of loans) to the plaintiff via an equitable assignment, as the father's intent was clear and notice was given to the plaintiff.

Sushant Shukla· ·13 min read
Singapore

Lee Kim Kiat v Lee Biow Neo and Others [2007] SGHC 213

The court held that the plaintiff failed to prove the existence of an alleged contribution agreement or an express trust, and that the requirements of s 7(1) of the Civil Law Act were not met. Furthermore, the court found no basis for a purchase money resulting trust as the conve

Sushant Shukla· ·14 min read
Singapore

Low Ah Cheow and Others v Ng Hock Guan (personally and as executor/trustee of the estate of Ng Teow Yhee, deceased) [2007] SGHC 200

The plaintiffs failed to prove the existence of a secret trust because they could not establish that the testator intended to impose a binding legal obligation on the defendant, rather than a moral one, and the evidence provided was unreliable.

Sushant Shukla· ·13 min read
Singapore

Teck Jin (Pte) Ltd v Tan Kim Seng [2007] SGHC 151

The defendant, as trustee of shares for the plaintiff, is obliged to account for all benefits accruing from that shareholding, including bonus and rights issues, unless an agreement to the contrary is proven.

Sushant Shukla· ·13 min read
Singapore

Sheares Betty Hang Kiu v Chow Kwok Chi and Others [2006] SGHC 34

A completely constituted trust is immediately binding upon the settlor and his personal representatives unless a power of revocation has been expressly reserved, and the acid test for whether an instrument is testamentary is whether it is revocable.

Sushant Shukla· ·12 min read
Singapore

Goh Nellie v Goh Lian Teck and Others [2006] SGHC 211

The court held that s 56(1) of the Trustees Act cannot be used to sanction a sale of trust property where the trust instrument contains an express prohibition against such a sale. The court also found that the issue of whether the beneficiaries had a veto over the sale of the pro

Sushant Shukla· ·13 min read
Singapore

Tan Chui Lian v Neo Liew Eng [2006] SGHC 203

Section 51(6) of the Housing and Development Act does not prohibit resulting or constructive trusts where the parties are already eligible owners of the HDB flat; it only prohibits trusts that circumvent eligibility criteria. Equity will adjust the beneficial interests of co-owne

Sushant Shukla· ·12 min read
Singapore

Shih Shin Wang-Liu and Another v Tsai Pei Lun Betty alias Tsai Pei Loon and Another [2006] SGHC 196

The court held that moneys transferred by a parent to an adult child for investment purposes are held on a resulting trust for the parent, as the presumption of advancement does not apply to an adult child who is financially self-supporting.

Sushant Shukla· ·12 min read