Koh Cheong Heng v Ho Yee Fong: Donatio Mortis Causa & Property Transfer Dispute
In Koh Cheong Heng v Ho Yee Fong, the High Court of Singapore addressed an application by Mr. Koh Cheong Heng to compel his wife, Mdm Ho Yee Fong, to transfer her interest in their property back to him. The court, presided over by Judith Prakash J, considered whether the original transfer constituted a valid donatio mortis causa and if it could be revoked due to Mdm Ho's incapacity. The court ultimately granted the order, allowing the re-transfer of the property to Mr. Koh, subject to provisions for Mdm Ho's care.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Order granted to compel the defendant to transfer her interest in the property to the plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court case regarding the revocation of a property gift (donatio mortis causa) between a husband and wife due to incapacity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Koh Cheong Heng | Plaintiff | Individual | Order granted | Won | |
| Ho Yee Fong | Defendant | Individual | Order to transfer interest in property | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Ee Yang | WongPartnership LLP |
| Corinne Taylor | Legal Solutions LLC |
4. Facts
- Plaintiff purchased the property in 1972 and was the sole owner.
- Plaintiff transferred the property to himself and the defendant as joint tenants in 2006.
- The transfer was a gift to provide for the defendant in case the plaintiff predeceased her.
- The plaintiff was ill when he made the transfer and thought he would not recover.
- The defendant suffered severe head injuries in 2008 and lacks testamentary capacity.
- Both parties reside in the Society For The Aged Sick.
- The plaintiff sought to revoke the gift to the defendant.
5. Formal Citations
- Koh Cheong Heng v Ho Yee Fong, Originating Summons No 566 of 2010, [2011] SGHC 48
6. Timeline
| Date | Event |
|---|---|
| Plaintiff and defendant married. | |
| Plaintiff purchased the property. | |
| Plaintiff admitted to hospital with an infection. | |
| Plaintiff signed the transfer document in hospital. | |
| Transfer document registered at the Registry of Titles. | |
| Defendant suffered severe head injuries from a fall. | |
| Defendant underwent rehabilitation treatment. | |
| Defendant became resident in the Home. | |
| Originating Summons No 566 of 2010 filed. | |
| Court made the order sought. | |
| Decision date. |
7. Legal Issues
- Donatio Mortis Causa
- Outcome: The court found that there was a valid donatio mortis causa when the plaintiff transferred the property to the defendant and himself, to be held in their joint names.
- Category: Substantive
- Sub-Issues:
- Validity of gift
- Revocability of gift
- Delivery of subject matter
- Related Cases:
- [1991] 2 All ER 636
- [1902] 1 Ch 889
- Capacity to Make a Will
- Outcome: The court noted the defendant's lack of testamentary capacity based on a Specialist Medical Report.
- Category: Substantive
- Trusts over HDB Property
- Outcome: The court concluded that donatio mortis causa does not offend s 51(10) of the HDA because resulting and constructive trusts are not precluded by the HDA if the beneficiary is eligible to own an HDB flat.
- Category: Substantive
- Related Cases:
- [2007] 1 SLR(R) 265
8. Remedies Sought
- Order to compel transfer of property
9. Cause of Actions
- Application for an order to compel transfer of property
10. Practice Areas
- Civil Litigation
- Real Estate Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sen v Headley | N/A | Yes | [1991] 2 All ER 636 | N/A | Cited regarding the delivery of a key representing title deeds as sufficient for donatio mortis causa of unregistered land. |
| Re Beaumont | N/A | No | [1902] 1 Ch 889 | N/A | Cited to support the view that donatio mortis causa is a sui generis category of property dealing which is neither completely inter vivos nor completely testamentary. |
| Jones v Selby | N/A | No | (1710) Prec Ch 300 | N/A | Cited to support the view that donatio mortis causa is a gift in praesenti to take effect in futuro. |
| In Re Patterson’s Estate | N/A | No | (1864) 4 De G J & S 422 | N/A | Cited as direct authority that a donatio mortis causa is not a nuncupative will. |
| Agnew v Belfast Banking Co | N/A | No | [1896] 2 IR 204 | N/A | Cited as a case suggesting that the donee does not acquire any title until the donor dies. |
| Duffield v Elwes | N/A | No | (1827) 1 Bli NS 497 | N/A | Cited as a case that is ambiguous as to the effect of a donatio upon delivery. |
| Walter v Hodge | N/A | No | (1818) 2 Swans 92 | N/A | Cited as a case suggesting that the effect of delivery is that the donee obtains full title to the subject-matter, but that the gift is in a defeasible state until death. |
| Staniland v Willott | N/A | No | (1852) 3 Mac & G 664 | N/A | Cited regarding the Trust Conception, where legal title of the property passes to the donee while equitable title remains with the donor. |
| Hinckley Singapore Trading Pte Ltd v Sogo Department Stores (S) Pte Ltd (under judicial management) | High Court | No | [2001] 3 SLR(R) 119 | Singapore | Cited regarding the donor’s intention to create a trust must be clear on the facts of the case before an express trust can be constituted. |
| Lankow v Rose | N/A | No | [1995] 1 NZLR 277 | New Zealand | Cited regarding the English jurisprudence on common intention constructive trusts is unnecessarily artificial. |
| Edwards v Jones | N/A | No | (1836) 1 My & Cr 226 | N/A | Cited regarding a purported outright gift cannot be a donatio mortis causa. |
| Hussey v Palmer | N/A | No | [1972] 3 All ER 744 | N/A | Cited regarding a remedial constructive trust is a trust imposed by law whenever justice and good conscience require it. |
| Westdeutsche Landesbank Girozentrale v Islington Borough Council | N/A | No | [1996] AC 669 | N/A | Cited regarding English law may one day decide to adopt the remedial constructive trust. |
| Cowcher v Cowcher | N/A | No | [1972] 1 WLR 425 | N/A | Cited regarding the remedial constructive trust approach might create uncertainty vis-à-vis proprietary entitlements. |
| Tan Chui Lian v Neo Liew Eng | High Court | Yes | [2007] 1 SLR(R) 265 | Singapore | Cited regarding s 51(6) of the then-HDA did not prevent any interest in an HDB flat from arising under a resulting or constructive trust regardless of the circumstances. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Wills Act (Cap 352, 1996 Rev Ed) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| Intestate Succession Act (Cap 146, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Donatio mortis causa
- Joint tenancy
- Testamentary capacity
- Resulting trust
- Constructive trust
- HDB flat
- Revocation of gift
- Intestate Succession Act
15.2 Keywords
- Donatio mortis causa
- Property transfer
- HDB
- Singapore
- Wills Act
- Housing and Development Act
- Trust
- Gift
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Donatio Mortis Causa | 90 |
| Chancery and Equity | 70 |
| Property Law | 60 |
| Wills and Probate | 50 |
| Succession Law | 50 |
16. Subjects
- Property
- Trusts
- Gifts
- Housing