Yeo Guan Chye v Lau Siew Kim: Resulting Trust, Joint Tenancy & Property Rights
Yeo Guan Chye Terence and Theodore Yeo Guan Huat, the plaintiffs, sued Lau Siew Kim, the defendant, in the High Court of Singapore, claiming that two properties, Minton Rise and 18 Jalan Tari Payong, held jointly by the defendant and their deceased father, Tommy Yeo Hock Seng, were held on trust for the deceased's estate. The plaintiffs argued that the deceased provided the purchase monies. The court (Lai Siu Chiu J) found a resulting trust existed, apportioning 50% of Minton Rise and 65% of 18 Jalan Tari Payong to the deceased's estate, with the defendant holding those portions on trust. The plaintiffs' claim was partially allowed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiffs in part.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Stepbrothers sued their stepmother, Lau Siew Kim, claiming properties held jointly with their deceased father were held on trust. The court found a resulting trust.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yeo Guan Chye Terence | Plaintiff | Individual | Judgment for Plaintiff in part | Partial | Lim Chor Pee |
| Theodore Yeo Guan Huat @ Yeo Guan Huat | Plaintiff | Individual | Judgment for Plaintiff in part | Partial | Lim Chor Pee |
| Lau Siew Kim | Defendant | Individual | Judgment against Defendant in part | Partial | Chew Swee Leng, Sng Kheng Huat |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Chor Pee | Chor Pee & Partners |
| Chew Swee Leng | Sng & Company |
| Sng Kheng Huat | Sng & Company |
4. Facts
- The plaintiffs are the sons of the deceased from his first marriage.
- The defendant is the stepmother and third wife/widow of the deceased.
- The deceased died intestate after his second will was invalidated.
- The properties in contention are Minton Rise and 18 Jalan Tari Payong, both registered in the joint names of the deceased and the defendant.
- The deceased provided the initial purchase monies for the properties.
- Minton Rise was purchased with a loan from Standard Chartered Bank and withdrawals from the defendant’s Central Provident Fund (CPF) savings.
- 18 Jalan Tari Payong was purchased with a loan from United Overseas Bank (UOB).
5. Formal Citations
- Yeo Guan Chye Terence and Another v Lau Siew Kim, Suit 855/2005, [2007] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Deceased divorced Iris Chong. | |
| Deceased made first will. | |
| Deceased made second will. | |
| Minton Rise registered in joint names of deceased and defendant. | |
| Deceased and defendant married. | |
| Deceased purchased 18 Jalan Tari Payong as joint tenants with the defendant. | |
| Tommy Yeo Hock Seng died. | |
| Second will invalidated by the High Court. | |
| Trial began. | |
| Trial concluded. | |
| Judgment reserved. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that a resulting trust existed, overriding the right of survivorship in the joint tenancies.
- Category: Substantive
- Sub-Issues:
- Presumed resulting trust
- Displacement by presumption of advancement
- Related Cases:
- [2000] 1 MLJ 635
- [1992] 2 FLR 388
- [1788] 2 Cox Eq Cas 92
- [1974] Ch 269
- [1999] 2 SLR 476
- Presumption of Advancement
- Outcome: The court held that the presumption of advancement did not displace the presumption of a resulting trust in this case.
- Category: Substantive
- Related Cases:
- [1970] AC 777
- [1999] 4 SLR 560
- [2001] 3 SLR 41
- [1980-1981] SLR 215
- [2006] SGCA 45
- Joint Tenancy
- Outcome: The court determined that while the parties were joint tenants at law, they were tenants in common in equity, according to their financial contributions.
- Category: Substantive
- Sub-Issues:
- Right of survivorship
- Tenants in common in equity
- Related Cases:
- [2000] SGHC 31
8. Remedies Sought
- Declaration that properties are held on trust for the deceased's estate
9. Cause of Actions
- Claim for declaration of resulting trust
10. Practice Areas
- Real Estate Law
- Trusts and Estates
- Property Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Terence Yeo Guan Chye & anor v Lau Siew Kim | High Court | Yes | [2006] SGHC 227 | Singapore | Cited regarding interlocutory appeals related to amending the Statement of Claim. |
| Liew Choy Hung v Fork Kian Seng | High Court | Yes | [2000] 1 MLJ 635 | Malaysia | Cited for the principle of resulting trust when property is purchased in joint names. |
| Springette v Defoe | Court not specified | Yes | [1992] 2 FLR 388 | England and Wales | Cited for the principle that property purchased in joint names is held on resulting trust for those who provided the purchase money. |
| Dyer v Dyer | Court not specified | Yes | [1788] 2 Cox Eq Cas 92 | England and Wales | Cited as a foundational case for the principle of resulting trust. |
| Pettitt v Pettitt | House of Lords | Yes | [1970] AC 777 | United Kingdom | Cited regarding the diminishing relevance of the presumption of advancement in modern times. |
| Re Vandervell’s Trusts (No 2) , White v Vandervell Trustees Ltd | Court not specified | Yes | [1974] Ch 269 | England and Wales | Cited for the classification of resulting trusts into presumed and automatic categories. |
| Cheong Yoke Kuen and Others v Cheong Kwok Kiong | Court of Appeal | Yes | [1999] 2 SLR 476 | Singapore | Cited for the principle of resulting trust when one person contributes to the purchase of property registered in joint names. |
| Lai Min Tet v Lai Min Kin | High Court | Yes | [2004] 1 SLR 499 | Singapore | Cited regarding the presumption of advancement being applied as a principle of last resort. |
| Lee Hiok Tng (in her personal capacity) v Lee Hiok Tng and another (executors and trustees for the estate of Lee Wee Nam, deceased) and Others | Court of Appeal | Yes | [2001] 3 SLR 41 | Singapore | Cited regarding the presumption of advancement in the context of husband and wife being rebutted by slight evidence. |
| Teo Siew Har v Lee Kuan Yew | Court of Appeal | Yes | [1999] 4 SLR 560 | Singapore | Cited regarding the diminishing application of the presumption of advancement due to changing social norms. |
| Neo Tai Kim v Foo Stie Wah | Court not specified | Yes | [1980-1981] SLR 215 | Singapore | Cited regarding the presumption of advancement when a husband provides funds for property in his wife's name. |
| Low Gim Siah & others v Low Geok Khim & Another | Court of Appeal | Yes | [2006] SGCA 45 | Singapore | Cited for reaffirming the applicability of the presumption of advancement for in loco parentis relationships. |
| Neo Boh Tan vs Ng Kim Whatt | High Court | Yes | [2000] SGHC 31 | Singapore | Cited for the principle that joint tenants at law can be tenants in common in equity based on financial contributions. |
| Sitiawah Bee bte Kader v Rosiyah bte Abdullah | Court not specified | Yes | [2000] 1 SLR 612 | Singapore | Cited regarding beneficial interest acquired in proportion to contributions. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Resulting trust
- Presumption of advancement
- Joint tenancy
- Tenants in common
- Right of survivorship
- Purchase monies
- CPF savings
- Housing loan
- Intestate
- Matrimonial home
15.2 Keywords
- Resulting trust
- Joint tenancy
- Property rights
- Singapore
- Family dispute
- Estate
- Land
- Equity
16. Subjects
- Trusts
- Property Law
- Family Law
17. Areas of Law
- Trusts
- Land Law
- Equity
- Resulting Trusts