Low Ah Cheow v Ng Hock Guan: Will Construction, Testamentary Trust, Testator's Intention

The Court of Appeal heard an appeal by Low Ah Cheow, Ng Puay Guan, Ng Bee Eng, Ng Jian Wen, and Nicholas Ng Zhi Kai against Ng Hock Guan concerning the construction of the will of the late Ng Teow Yhee. The appellants claimed that Ng Hock Guan held the residuary estate on secret trusts for their benefit. The Court of Appeal allowed the appeal in part, finding that the testator's intention was to create a trust for his immediate family, to be distributed according to intestacy rules, rather than an absolute gift to Ng Hock Guan. The court affirmed the High Court's decision that the estate was not subject to the specific pleaded trusts.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding will construction. The court determined the testator's intention was to create a trust for his family, not an absolute gift.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Bee EngAppellantIndividualAppeal allowed in partPartial
Low Ah CheowAppellantIndividualAppeal allowed in partPartial
Ng Puay GuanAppellantIndividualAppeal allowed in partPartial
Ng Jian WenAppellantIndividualAppeal allowed in partPartial
Nicholas Ng Zhi KaiAppellantIndividualAppeal allowed in partPartial
Ng Hock GuanRespondentIndividualAppeal allowed in partLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Sek KeongChief JusticeNo
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Lim Joo ToonJoo Toon & Co
Joseph TanJoo Toon & Co
Ling Tien WahRodyk & Davidson LLP
Koh JiayingRodyk & Davidson LLP

4. Facts

  1. The testator, Ng Teow Yhee, passed away on 12 April 2001.
  2. The testator executed a will on 27 November 2000, appointing his third son, Ng Hock Guan (Sebastian), as his sole executor and trustee.
  3. The will stated that the estate was to be held "ON TRUST to be distributed to" Sebastian.
  4. The testator's assets were largely tied up in two family companies.
  5. The testator had eight children and a wife, Low Ah Cheow.
  6. The appellants claimed that Sebastian was merely a trustee and that the estate was subject to specific trusts in their favor.
  7. The High Court dismissed the appellants' claims, holding that Sebastian took the estate absolutely.

5. Formal Citations

  1. Low Ah Cheow and Others v Ng Hock Guan, CA 150/2007, SUM 2086/2008, 2792/2008, [2009] SGCA 25

6. Timeline

DateEvent
Will executed
Testator passed away
Sebastian applied for probate of the Will
Grant of probate made
Suit commenced against Sebastian
Appellants filed fourth amended statement of claim
Appellants filed summons seeking leave to amend the Statement of Claim
Appellants filed another summons seeking leave to further amend the Statement of Claim
Judgment reserved

7. Legal Issues

  1. Construction of Will
    • Outcome: The court held that the testator's intention was to create a trust for his immediate family, not an absolute gift to the respondent.
    • Category: Substantive
    • Sub-Issues:
      • Ambiguity in will
      • Testator's intention
      • Interpretation of 'on trust'
  2. Validity of Testamentary Trust
    • Outcome: The court found that a trust where the sole trustee is also the sole beneficiary cannot exist in law.
    • Category: Substantive
    • Sub-Issues:
      • Sole trustee appointed sole beneficiary
      • Legal difficulties in trust terms

8. Remedies Sought

  1. Declaration that Ng Hock Guan is only a trustee
  2. Declaration that the Estate is subject to trusts in accordance with the Testator’s wishes
  3. Determination of the terms of the trusts created by the Testator

9. Cause of Actions

  • Breach of Trust
  • Declaration of Trust

10. Practice Areas

  • Probate
  • Estate Planning
  • Trusts

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Low Ah Cheow v Ng Hock GuanHigh CourtYes[2007] SGHC 200SingaporeThe High Court decision that the appellants had not proved that the Testator’s residuary estate was subject to secret trusts in their favour was referenced.
Perrin v. MorganN/AYes[1943] AC 399N/ACited for the principle that the court must ascertain the testator's intention as expressed in the will.
Syed Ali Redha Alsagoff v Syed Salim AlhadadN/AYes[1996] 3 SLR 410SingaporeCited for the principle that when an executor has completed administration, he stands in the position of a trustee in relation to the residuary estate.
Lie Hendri Rusli v Wong Tan & Molly LimN/AYes[2004] 4 SLR 594SingaporeCited regarding adverse inferences against a drafting solicitor for failing to keep proper attendance notes.
Law Society of Singapore v Tan Phuay KhiangN/AYes[2007] 3 SLR 477SingaporeCited regarding adverse inferences against a drafting solicitor for failing to keep proper attendance notes.
Wong Kai Woon v Wong Kong HomN/AYes[2000] 1 SLR 546SingaporeCited for the principle that the court will not adopt a construction that leads to an irrational and capricious result.
Re Chionh Ke Hu DecdN/AYes[1964] MLJ 270N/ACited for the presumption that a testator did not intend to die either totally or partly intestate.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Wills Act (Cap 352, 1996 Rev Ed)Singapore
Intestate Succession Act (Cap 146, 1985 Rev Ed)Singapore
Evidence Act (Cap 97, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Testamentary trust
  • Secret trust
  • Will construction
  • Testator's intention
  • Residuary estate
  • Executor
  • Trustee
  • Beneficiary
  • Intestacy
  • Wei tok
  • Distribution
  • Moral obligation
  • Legal obligation

15.2 Keywords

  • Will
  • Trust
  • Estate
  • Succession
  • Singapore
  • Family
  • Intention
  • Construction

17. Areas of Law

Area NameRelevance Score
Succession Law95
Wills95
Will Interpretation90
Trust Law80
Estate Administration75
Testamentary Trust70
Contract Law30
Undue Influence20
Evidence Law20

16. Subjects

  • Wills and Estates
  • Trusts
  • Succession