Low Ah Cheow v Ng Hock Guan: Secret Trusts & Estate Distribution Dispute

In Low Ah Cheow and Others v Ng Hock Guan, the High Court of Singapore addressed a claim by family members of the late Ng Teow Yhee against Ng Hock Guan, the sole executor and trustee of Ng Teow Yhee's will. The plaintiffs alleged that Ng Teow Yhee had created secret trusts, entitling them to specific gifts from the estate, despite the will bequeathing the entire estate to Ng Hock Guan. The court, presided over by Justice Woo Bih Li, dismissed the plaintiffs' claims, finding insufficient evidence to prove the existence of legally binding secret trusts. The plaintiffs' claims included specific gifts of shares in Ng Teow Yhee & Sons Holding Pte Ltd, property known as 1A Wiltshire Road, and various cash gifts.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Claims dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Family members claim Ng Hock Guan breached secret trusts related to Ng Teow Yhee's will. The court dismissed the claims, finding insufficient evidence of legally binding trusts.

1.7 Decision Date

21 November 2007

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Ng Bee Eng	Plaintiff	Individual	Claim Dismissed	Lost	Andre Arul of Arul Chew & Partners Chung Ping Shen of H A & Chung Partnership
Low Ah Cheow	Plaintiff	Individual	Claim Dismissed	Lost	Andre Arul of Arul Chew & Partners Chung Ping Shen of H A & Chung Partnership
Ng Puay Guan	Plaintiff	Individual	Claim Dismissed	Lost	Andre Arul of Arul Chew & Partners Chung Ping Shen of H A & Chung Partnership
Ng Jian Wen	Plaintiff	Individual	Claim Dismissed	Lost	Andre Arul of Arul Chew & Partners Chung Ping Shen of H A & Chung Partnership
Ng Hock Guan	Defendant	Individual	Judgment for Defendant	Won	Ling Tien Wah of Rodyk & Davidson Koh Jiaying of Rodyk & Davidson
Nicholas Ng Puay Guan	Plaintiff	Individual	Claim Dismissed	Lost	Andre Arul of Arul Chew & Partners Chung Ping Shen of H A & Chung Partnership

3. Judges

Judge Name	Title	Delivered Judgment
Woo Bih Li	Judge	Yes

4. Counsels

Counsel Name	Organization
Andre Arul	Arul Chew & Partners
Chung Ping Shen	H A & Chung Partnership
Ling Tien Wah	Rodyk & Davidson
Koh Jiaying	Rodyk & Davidson

4. Facts

Mr. Ng executed a will on 27 November 2000, leaving his entire estate to his son, Sebastian.
Mr. Ng passed away on 12 April 2001.
The plaintiffs, other family members, claimed that Mr. Ng had created secret trusts, entitling them to specific gifts.
The plaintiffs alleged that Mr. Ng communicated his intention to create the trusts to Sebastian before the execution of the will.
The plaintiffs claimed specific gifts of shares in the holding company, property known as 1A Wiltshire Road, and various cash gifts.
Sebastian was appointed as the sole executor and trustee of the will.
The plaintiffs filed the action almost five years after Mr. Ng's death, on 20 February 2006.

5. Formal Citations

Low Ah Cheow and Others v Ng Hock Guan (personally and as executor/trustee of the estate of Ng Teow Yhee, deceased), Suit 83/2006, [2007] SGHC 200

6. Timeline

Date	Event
2000-11-27	Mr. Ng executed a Will
2001-04-12	Mr. Ng passed away
2006-02-20	Action filed
2007-11-22	Judgment reserved

7. Legal Issues

Existence of Secret Trust
- Outcome: The court found insufficient evidence to prove the existence of a legally binding secret trust.
- Category: Substantive
- Sub-Issues:
  - Intention to benefit a secret beneficiary
  - Communication of the trust to the beneficiary/trustee
  - Acceptance of the trust by the beneficiary/trustee
- Related Cases:
  - [2000] 3 SLR 709
  - [1929] AC 318
  - [1972] Ch 698
Interpretation of Will
- Outcome: The court interpreted the will as giving the residuary estate to Sebastian beneficially.
- Category: Substantive

8. Remedies Sought

Specific gifts from the estate

9. Cause of Actions

Breach of Secret Trust

10. Practice Areas

Trusts Litigation
Estate Litigation

11. Industries

Shipping
Stevedoring

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Kamla Lal Hiranand v Harilela Padma Hari	High Court	Yes	[2000] 3 SLR 709	Singapore	Cited for the requirements for the existence of a secret or half-secret trust.
Blackwell v Blackwell	N/A	Yes	[1929] AC 318	England and Wales	Cited for the requirements for the existence of a secret or half-secret trust.
Ottaway v Norman	N/A	Yes	[1972] Ch 698	England and Wales	Cited for the requirements for the existence of a secret or half-secret trust.
Re Snowden (deceased)	N/A	Yes	[1979] 2 All ER 172	England and Wales	Cited to illustrate that Mr Ng intended to impose a binding and not merely a moral obligation on Sebastian.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Evidence Act (Cap 97)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Secret trust
Half-secret trust
Will
Executor
Trustee
Beneficiary
Residuary estate
Communication of trust
Acceptance of trust
Intention to benefit
Shares
Cash gift

15.2 Keywords

Secret trusts
Wills
Estate
Family dispute
Singapore High Court
Ng Teow Yhee
Ng Hock Guan
Low Ah Cheow

17. Areas of Law

Area Name	Relevance Score
Secret Trusts	99
Trust Law	95
Wills and Probate	80
Succession Law	70
Property Law	30
Civil Procedure	20

16. Subjects

Trusts
Wills
Estate Law
Equity