Leo Teng Choy v Leo Teng Kit: Construction of Wills & Trustees' Powers
In Leo Teng Choy v Leo Teng Kit, the Court of Appeal of Singapore heard an appeal regarding the construction of the will of Leo Ann Peng (LAP) and the authorization of the sale of a property. The High Court had ordered the sale, and the appellant, Leo Teng Choy, appealed. The Court of Appeal dismissed the appeal, finding that authorizing the sale was in consonance with the overriding intention of the testator to treat his sons evenly. The court lifted the stay order and directed that the property be sold within 90 days.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the construction of a will and the authorization of property sale. The court dismissed the appeal, allowing the sale to proceed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Leo Teng Choy | Appellant | Individual | Appeal Dismissed | Lost | |
| Leo Teng Kit | Respondent | Individual | Appeal Dismissed | Won | |
| Leoh Teng Hee | Respondent | Individual | Appeal Dismissed | Won | |
| Leo Tang Foh | Respondent | Individual | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Tan Lee Meng | Judge | No |
| L P Thean | Justice of Appeal | No |
4. Counsels
4. Facts
- LAP made his Will on 26 March 1970 and died on 28 September 1989.
- The Will appointed two sons, Leo Teng Kit and Leo Teng Choy, as trustees.
- The testator owned a property at No 42 Phillips Avenue.
- The Will allowed his wife and four sons to reside in the property rent-free.
- The Will directed that the property shall not be sold unless unanimously agreed upon by the four sons.
- Three sons filed an originating summons for an order to sell the property.
- The High Court ordered the sale of the property, and one son appealed.
5. Formal Citations
- Leo Teng Choy v Leo Teng Kit and Others, CA 26/2000, [2000] SGCA 63
6. Timeline
| Date | Event |
|---|---|
| LAP made his Will | |
| Leoh Teng Hee and his wife moved out of the family home | |
| LAP died | |
| Leo Teng Kit and his family moved out of the property | |
| Heng Took Kin suffered a stroke and was hospitalised | |
| Leo Teng Choy threw away furniture and belongings of the respondents and their mother | |
| Heng Took Kin made a statutory declaration | |
| Respondents filed an originating summons for an order to sell the property | |
| Heng Took Kin passed away | |
| Judge ordered that the property be sold | |
| Appeal dismissed |
7. Legal Issues
- Construction of Wills
- Outcome: The court construed the will to determine the testator's intention regarding the sale of the property.
- Category: Substantive
- Sub-Issues:
- Ascertaining testator's intention
- Interpreting clauses related to property sale
- Related Cases:
- [1945] Ch 145
- [1998] 2 SLR 439
- [1964] 2 All ER 66
- [1967] 3 All ER 343
- [1853] 4 De GM & G 73
- Trustees' Powers
- Outcome: The court determined the scope of its power to authorize the sale of the property under the Trustees Act.
- Category: Substantive
- Sub-Issues:
- Scope of powers under Trustees Act
- Court's discretion to authorize sale
- Related Cases:
- [1990] SLR 1066
- [1953] Ch 218
- [1937] Ch 431
- [1959] NZLR 1360
8. Remedies Sought
- Order to sell the property
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Trust Law
- Estate Planning
- Wills and Probate
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Duke of Marlborough v A-G (No 2) | Chancery Division | Yes | [1945] Ch 145 | England and Wales | Cited and applied for the principle that an immediate trust for sale exists even when subject to consent or postponement. |
| Rajabali Jumabhoy & Ors v Ameerali R Jumabhoy | Court of Appeal | Yes | [1998] 2 SLR 439 | Singapore | Cited and applied for the principle that a power to postpone sale does not prevent a trust for sale from being created. |
| Re Herklots` Will Trusts | Unknown | Yes | [1964] 2 All ER 66 | England and Wales | Cited in relation to the construction of wills and trusts for sale, but distinguished on the facts. |
| Saunders v Vautier | Rolls Court | Yes | [1841] 4 Beav 115 | England and Wales | Cited for the principle that beneficiaries can extinguish a trust if they unanimously agree. |
| Re Downshire Settled Estates | Court of Appeal | Yes | [1953] Ch 218 | England and Wales | Endorsed for the view that 'management or administration' of property means the managerial supervision and control of trust property on behalf of the beneficiaries. |
| Re Craven`s Estate (No 2); Lloyds Bank v Cockburn | Chancery Division | Yes | [1937] Ch 431 | England and Wales | Cited for the principle that the power of the court should only be exercised for the benefit of the whole trust. |
| Re Dawson | Unknown | Yes | [1959] NZLR 1360 | New Zealand | Cited for the principle that the proposed transaction does not need to benefit each and every individual beneficiary. |
| Re Evan`s Settlement | Unknown | Yes | [1967] 3 All ER 343 | England and Wales | Cited for the principle that the court should look at other clauses of the will to determine the overriding intention of the testator. |
| Kay v Kay | Unknown | Yes | [1853] 4 De GM & G 73 | England and Wales | Cited for the principle that a strict literal construction must give way to a construction which is in accord with the broad objective of the testator. |
| British & Malayan Trustees Ltd v Abdul Jalil bin Ahmad & Ors | High Court | Yes | [1990] SLR 1066 | Singapore | Mentioned as having been ruled in error regarding the application of section 2(2) to section 56(1) of the Trustees Act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Trustees Act (Cap 337) s 56(1) | Singapore |
| Trustees Act (Cap 337) s 2(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Will
- Trust
- Trust for sale
- Trustees
- Beneficiaries
- Construction of will
- Trustees Act
- Expedient
- Overriding intention
- Property sale
15.2 Keywords
- Will construction
- Trustees powers
- Property sale
- Singapore law
- Trust law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Wills and Probate | 90 |
| Trust Law | 90 |
| Succession Law | 90 |
| Property Law | 50 |
16. Subjects
- Trust Law
- Wills and Estates
- Property Law