Lie Djioe Boei v Huang Han Jiang: Constructive Trust & Property Rights Dispute
Lie Djioe Boei, as executor of the estate of Lioe Soei Tjin, sued Huang Han Jiang in the High Court of Singapore on 7 June 2000, seeking a half share of a property based on contributions made by Lioe Soei Tjin. The court found no agreement for shared ownership but established a resulting trust, entitling Lioe Soei Tjin's estate to 20% of the net proceeds from the property's sale. The court ordered the property to be sold and the caveat to be removed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Estate of Lioe Soei Tjin sues Huang Han Jiang for a share of property. Court finds a resulting trust, awarding the estate 20% of net sale proceeds.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lie Djioe Boei alias Lee Yew Wee Executor of the Estate of Lioe Soei Tjin alias Liu Swee Chin (or Lie Soei Tjin also known as Liu Swee Chin), deceased | Plaintiff | Individual | Share of property awarded | Partial | P Balagopal |
| Huang Han Jiang (alias Huang Han Jiang) | Defendant | Individual | Property share reduced | Partial | Jack Lee Tsen-Ta, Joanna Tan Ai Ling |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| P Balagopal | Palakrishnan & Partners |
| Jack Lee Tsen-Ta | Chor Pee & Partners |
| Joanna Tan Ai Ling | Chor Pee & Partners |
4. Facts
- Liu and Huang married in 1951.
- Huang purchased a house in 1961 for $25,000.
- Liu contributed $6,000 towards the purchase of the house.
- Liu died in 1992, leaving her estate to Lee.
- Liu's will made no provision for her children with Huang.
- Lee sued Huang for a half share of the property.
- Huang conceded Liu made a contribution of $6,000.
5. Formal Citations
- Lie Djioe Boei alias Lee Yew Wee Executor of the Estate of Lioe Soei Tjin alias Liu Swee Chin (or Lie Soei Tjin also known as Liu Swee Chin), deceased v Huang Han Jiang (alias Huang Han Jiang), Suit 1635/1999, [2000] SGHC 107
6. Timeline
| Date | Event |
|---|---|
| Liu Swee Chin married Huang Han Jiang. | |
| Liu Swee Chin began working at Lee Rubber Company Pte Ltd. | |
| Huang Han Jiang began working as a civil servant. | |
| Huang purchased a semi-detached house at 86 Jalan Seaview. | |
| Huang Han Jiang ceased working as a civil servant. | |
| Liu Swee Chin ceased working at Lee Rubber Company Pte Ltd. | |
| Liu made a will leaving her entire estate to Lee. | |
| Huang made a will giving the house to his two children by Liu. | |
| Liu Swee Chin died. | |
| Suit filed (Suit 1635/1999). | |
| Defendant made a Calderbank offer to the plaintiff. | |
| Judgment issued. |
7. Legal Issues
- Constructive Trust
- Outcome: The court found no agreement for a constructive trust but established a resulting trust.
- Category: Substantive
- Related Cases:
- [1903] 2 Ch 98
- Resulting Trust
- Outcome: The court established a resulting trust entitling the estate to 20% of the net proceeds from the property's sale.
- Category: Substantive
8. Remedies Sought
- Half share of the property
- Sale of property
9. Cause of Actions
- Claim for share of property based on financial contribution
10. Practice Areas
- Estate Litigation
- Property Disputes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mercier v Mercier | Court of Chancery | Yes | [1903] 2 Ch 98 | England and Wales | Cited regarding the presumption of gift when a husband buys property in the name of his wife, but the court notes this is becoming archaic. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Constructive trust
- Resulting trust
- Property rights
- Financial contribution
- Estate
- Net proceeds of sale
15.2 Keywords
- property
- trust
- estate
- singapore
- family
16. Subjects
- Property
- Trusts
- Family
17. Areas of Law
- Trust Law
- Property Law
- Family Law