Tang Eng Seng v Tang Boon Kiat Eugene: Inter Vivos Gift & Estate Distribution
In Tang Eng Seng and Others v Tang Boon Kiat Eugene, the High Court of Singapore heard a claim by the plaintiffs, as executors of the estate of Mr. Tang Kong Low, against the defendant, Mr. Tang Boon Kiat Eugene, regarding the ownership of funds held in joint accounts. The plaintiffs sought a determination on whether the sum of $518,583.11 in three time deposit accounts jointly held by the deceased and the defendant belonged to the estate or to the defendant. The court concluded that the grandfather intended to make a gift of the moneys in the 3 Time Deposit accounts and interest earned to the defendant, his first grandson. The plaintiffs' claim was dismissed with costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs’ claim dismissed with costs
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over funds in joint accounts; court determines grandfather intended inter vivos gift to grandson, not part of estate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tang Eng Seng | Plaintiff | Individual | Claim Dismissed | Lost | Leonard Loo Peng Chee, Edwin Loo |
| Tang Bee Leng | Plaintiff | Individual | Claim Dismissed | Lost | Leonard Loo Peng Chee, Edwin Loo |
| Tang Bee Lay Margaret | Plaintiff | Individual | Claim Dismissed | Lost | Leonard Loo Peng Chee, Edwin Loo |
| Tang Boon Kiat Eugene | Defendant | Individual | Judgment for Defendant | Won | Suresh Damodara, Sunil Gill |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Kew Chai | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leonard Loo Peng Chee | Leonard Loo & Co |
| Edwin Loo | Leonard Loo & Co |
| Suresh Damodara | David Lim & Partners |
| Sunil Gill | David Lim & Partners |
4. Facts
- The plaintiffs sought determination on whether $518,583.11 held in joint accounts belonged to the Estate or the defendant.
- The grandfather passed away on 12 December 2001, leaving a Will.
- The defendant is the first grandson of the deceased.
- The grandfather had a close relationship with the defendant and supported his education.
- The grandfather assured the defendant that the funds in the joint accounts were to be used for his Masters and to start a business.
- The defendant did not sign the 'POINTS OF AGREEMENT' stating that all joint accounts belonged to the Estate.
- The grandfather kept his joint deposits with the defendant from the rest of the family.
5. Formal Citations
- Tang Eng Seng and Others v Tang Boon Kiat Eugene, OS 1685/2002, [2003] SGHC 201
6. Timeline
| Date | Event |
|---|---|
| Madam Ng Ah Lian died. | |
| Mr Tang Kong Low passed away. | |
| Sons and daughters gathered to hear the Will read out. | |
| The first plaintiff informed the defendant over the phone of two other joint Keppel Tat Lee time deposit slips. | |
| Withdrawal of the Time Deposits and the deposit of the proceeds into the defendant’s savings bank account were reversed and the accounts were ‘frozen’. | |
| The defendant’s solicitors made a demand on the plaintiffs to return the approximate sum of $332,389 which he had deposited with them. | |
| Decision Date |
7. Legal Issues
- Inter Vivos Gift
- Outcome: The court found that the grandfather intended to and did make a gift of the moneys in the 3 Time Deposit accounts and interest earned to the defendant.
- Category: Substantive
- Distribution of Assets
- Outcome: The court determined that the sum held in accounts in joint names of deceased and defendant belonged to the defendant, not the estate.
- Category: Substantive
8. Remedies Sought
- Declaration that the sum belongs to the Estate
9. Cause of Actions
- Determination of Ownership of Funds
10. Practice Areas
- Estate Planning
- Trusts and Estates Litigation
11. Industries
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Inter vivos gift
- Joint accounts
- Estate
- Will
- Time deposit
- Grandson
- Executor
- Trustees
15.2 Keywords
- Gift
- Estate
- Joint Account
- Will
- Singapore
- High Court
16. Subjects
- Trusts
- Probate
- Gifts
17. Areas of Law
- Probate and Administration
- Gifts
- Trust Law