Low Geok Khim v Low Geok Bian: Presumption of Advancement in Joint Bank Accounts Dispute

In Low Geok Khim (administratrix of the estate of Low Kim Tah, deceased) v Low Geok Bian and Others, the High Court of Singapore addressed a dispute over the ownership of funds in several joint bank accounts held by the deceased, Low Kim Tah, and his son, Low Geok Bian. The plaintiff, Low Geok Khim, the administratrix of the deceased's estate, sought a determination on whether the funds in these accounts should vest in the estate or in Low Geok Bian as the surviving account holder. The court, presided over by Kan Ting Chiu J, found that the presumption of advancement applied, and the funds vested in Low Geok Bian. The court considered the deceased's mental capacity, his intent in opening the joint accounts, and whether the presumption of advancement was rebutted by the facts.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the first defendant.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over funds in joint bank accounts. Court held presumption of advancement applied, vesting funds in surviving son, not deceased's estate.

1.7 Decision Date

9 March 2006

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Low Gim Siah	Defendant	Individual	Neutral	Neutral
Low Chay Lin	Defendant	Individual	Neutral	Neutral
Low Gim Har	Defendant	Individual	Neutral	Neutral
Low Gim Lay	Defendant	Individual	Neutral	Neutral
Low Gim Hong Richard	Defendant	Individual	Neutral	Neutral
Low Gim Tee	Defendant	Individual	Neutral	Neutral
Low Gim Chiong	Defendant	Individual	Neutral	Neutral
Low Gim Pheng	Defendant	Individual	Neutral	Neutral
Frey-Low Daisy	Defendant	Individual	Neutral	Neutral
Low Chay Ghee	Defendant	Individual	Neutral	Neutral
Low Nancy	Defendant	Individual	Neutral	Neutral
Low Lina	Defendant	Individual	Neutral	Neutral
Low Chye Chim	Defendant	Individual	Neutral	Neutral	Yap Neng Boo Jimmy of Jimmy Yap & Co Khoo Kah Lip Michael SC of Michael Khoo & Partners Low Miew Yin Josephine of Michael Khoo & Partners Chiok Beng Piow Andy of Michael Khoo & Partners Ong Lee Woei of Michael Khoo & Partners
Low Geok Bian	Defendant	Individual	Judgment for Defendant	Won	Tan Mei Yen of Drew & Napier LLC Manoj Sandrasegara of Drew & Napier LLC Tan Mingfen of Drew & Napier LLC Benjamin Gaw of Drew & Napier LLC
Low Geok Khim (administratrix of the estate of Low Kim Tah, deceased)	Plaintiff	Individual	Claim Dismissed	Lost	Tan Kay Kheng of Wong Partnership Sim Bock Eng of Wong Partnership Lim Mui Ern Joyce of Wong Partnership
Low Gim Tan @ Low Gin Tin Renna	Defendant	Individual	Neutral	Neutral

3. Judges

Judge Name	Title	Delivered Judgment
Kan Ting Chiu	Judge	Yes

4. Counsels

Counsel Name	Organization
Yap Neng Boo Jimmy	Jimmy Yap & Co
Khoo Kah Lip Michael SC	Michael Khoo & Partners
Low Miew Yin Josephine	Michael Khoo & Partners
Chiok Beng Piow Andy	Michael Khoo & Partners
Ong Lee Woei	Michael Khoo & Partners
Tan Mei Yen	Drew & Napier LLC
Manoj Sandrasegara	Drew & Napier LLC
Tan Mingfen	Drew & Napier LLC
Benjamin Gaw	Drew & Napier LLC
Tan Kay Kheng	Wong Partnership
Sim Bock Eng	Wong Partnership
Lim Mui Ern Joyce	Wong Partnership

4. Facts

Low Kim Tah died intestate on 6 December 1997.
The deceased had six sons and four daughters.
The plaintiff is the administratrix of the deceased's estate.
The first defendant was the joint holder of six bank accounts with the deceased.
The first defendant did not contribute any money to the six joint accounts.
The deceased opened a joint account with the plaintiff, which she relinquished.
The other defendants are grandchildren of the deceased who claim the money belongs to the estate.

5. Formal Citations

Low Geok Khim (administratrix of the estate of Low Kim Tah, deceased) v Low Geok Bian and Others, OS 826/2003, [2006] SGHC 41
Re Low Gim Har Janet, Suit No 854 of 1991, [1996] 3 SLR 343

6. Timeline

Date	Event
1983-03-04	POSB Account No 045-07218-5 opened
1990-03-23	OCBC Account No 516-549706-501 opened
1991-01-01	Suit No 854 of 1991 filed
1994-04-15	Deceased gave evidence in Suit No 854 of 1991
1995-02-25	OCBC Account No 516-054889-001 opened
1995-02-25	OCBC Account No 516-054889-002 opened
1995-03-11	OCBC Account No 516-054889-003 opened
1995-04-19	OCBC Account No 516-054889-004 opened
1997-12-06	Low Kim Tah died
2003-01-01	OS 826/2003 filed
2006-03-10	Judgment reserved

7. Legal Issues

Presumption of Advancement
- Outcome: The court held that the presumption of advancement applied in favor of the first defendant.
- Category: Substantive
- Related Cases:
  - [1964] Ch 303
  - (1818) 1 Swans 13
  - [1998] SGHC 67
Mental Capacity
- Outcome: The court found that the deceased had the mental capacity to open the joint accounts.
- Category: Substantive
- Related Cases:
  - (1954) 91 CLR 423

8. Remedies Sought

Determination of whether moneys in joint accounts belonged to the deceased’s estate or to the respective surviving account holders

9. Cause of Actions

Determination of ownership of joint bank accounts

10. Practice Areas

Civil Litigation
Trusts and Estates
Banking

11. Industries

Banking

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Re Low Gim Har Janet	High Court	Yes	[1996] 3 SLR 343	Singapore	Cited as evidence of the deceased's mental capacity in 1994.
Gibbons v Wright	High Court of Australia	Yes	(1954) 91 CLR 423	Australia	Cited for the definition of mental capacity required to execute a legal instrument.
Murless v Franklin	Unknown	Yes	(1818) 1 Swans 13	England and Wales	Cited for the explanation of the presumption of advancement.
In re Pauling’s Settlement Trusts	English Court of Appeal	Yes	[1964] Ch 303	England and Wales	Cited for the consideration of the presumption of advancement and undue influence in transactions involving a parent and a child.
Ang Toon Teck v Ang Poon Sin	High Court	Yes	[1998] SGHC 67	Singapore	Cited regarding the applicability of the presumption of advancement between a father and son.
Pettitt v Pettitt	House of Lords	Yes	[1970] AC 777	United Kingdom	Cited for the diminished strength of the presumption of advancement in transactions affecting husband and wife.
Neo Tai Kim v Foo Stie Wah	Privy Council	Yes	[1985] 1 MLJ 397	Singapore	Cited for the diminished strength of the presumption of advancement.
McGrath v Wallis	English Court of Appeal	Yes	[1995] 2 FLR 114	England and Wales	Cited for the diminished strength of the presumption of advancement in a case between father and child.
Teo Siew Har v Lee Kuan Yew	Court of Appeal	Yes	[1999] 4 SLR 560	Singapore	Cited for the current judicial approach towards the presumption of advancement.

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

Joint bank accounts
Presumption of advancement
Mental capacity
Intestacy
Resulting trust
Administratrix
Beneficiaries

15.2 Keywords

Joint bank accounts
Presumption of advancement
Mental capacity
Singapore
Trusts
Banking
Family Law

17. Areas of Law

Area Name	Relevance Score
Joint Accounts	90
Presumption of Advancement	80
Trusts and Estates	75
Family Law	60
Banking Law	50
Intestacy	40
Estoppel	30

16. Subjects

Trusts
Banking
Family Law