Salleh Bin Awang v Zakiah Bte Arshad: Resulting Trust, Presumption of Advancement & Joint Bank Accounts
Salleh Bin Awang and Zalipah Bte Arshad, as administrators of the Estate of Arshad bin Awang, brought a claim in the High Court of Singapore against Zakiah Bte Arshad, seeking a declaration that moneys in joint bank accounts held by Arshad and Zakiah were held in trust for Arshad's estate. The court found that Arshad did not intend to gift the moneys to Zakiah and that any presumption of advancement was negated by the fact that the accounts were opened for Arshad's convenience. The court allowed the plaintiffs' claim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs’ claim allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Administrators of Arshad's estate sought declaration that funds in joint accounts with Zakiah were held in trust. Court found no gift or presumption of advancement.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Salleh Bin Awang | Plaintiff | Individual | Claim Allowed | Won | Ramalingam Kasi |
| Zalipah Bte Arshad | Plaintiff | Individual | Claim Allowed | Won | Ramalingam Kasi |
| Zakiah Bte Arshad | Defendant | Individual | Judgment against the Defendant | Lost | Noor M Marican |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Rajendran | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ramalingam Kasi | Independent Practitioner |
| Noor M Marican | Independent Practitioner |
4. Facts
- Arshad died intestate on 26 May 2001.
- Arshad had two joint accounts with Zakiah at OCBC.
- The funds in the accounts came entirely from Arshad.
- Zakiah was Arshad's adopted daughter.
- Arshad opened the joint accounts for his convenience in having someone make withdrawals on his behalf.
- Arshad previously had a joint account with his daughter Zalipah, which was closed due to a misunderstanding.
5. Formal Citations
- Salleh Bin Awang and Another v Zakiah Bte Arshad, , [2003] SGHC 90
6. Timeline
| Date | Event |
|---|---|
| Arshad opened a joint Savings Account with his daughter Zalipah. | |
| Savings Account with OCBC was opened. | |
| Fixed Deposit Account with OCBC was opened. | |
| Arshad was admitted to Changi General Hospital. | |
| Arshad died at Changi General Hospital. | |
| Suit filed (Suit 481/2002). | |
| Decision date. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found a presumption of a resulting trust in favour of Arshad.
- Category: Substantive
- Presumption of Advancement
- Outcome: The court found that any presumption of advancement in favour of Zakiah was negated.
- Category: Substantive
- Intention to Gift
- Outcome: The court found that Arshad was not making a gift of the moneys in those accounts to Zakiah.
- Category: Substantive
8. Remedies Sought
- Declaration that the moneys in the accounts are held in trust for the Estate of Arshad
- Order that the Defendant render proper accounts
- Judgment against the Defendant for the sum of monies found to be due
9. Cause of Actions
- Breach of Trust
10. Practice Areas
- Trusts and Estates
- Banking and Finance
- Civil 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
- Resulting trust
- Presumption of advancement
- Joint accounts
- Intestacy
- In loco parentis
15.2 Keywords
- trust
- joint account
- intestate
- presumption of advancement
- banking
- OCBC
16. Subjects
- Trusts
- Banking
- Inheritance
17. Areas of Law
- Trust Law
- Banking Law
- Family Law