Mak Saw Ching v Yam Hui Min: Resulting Trust Dispute Over HDB Flat Ownership
In Mak Saw Ching v Yam Hui Min, Barbara Rebecca, the High Court of Singapore addressed a dispute between a grandmother, Mak Saw Ching, and her granddaughter, Yam Hui Min, Barbara Rebecca, over the beneficial ownership of a Housing and Development Board (HDB) flat. Mak Saw Ching filed Originating Summons No 1216 of 2013, seeking a declaration that Yam Hui Min held her legal half-share in the flat on trust for Mak Saw Ching, arguing a resulting trust. The court dismissed the originating summons, finding that Mak Saw Ching had not proven the existence of the alleged resulting trust.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Originating Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dispute between grandmother and granddaughter over HDB flat ownership. Court dismissed grandmother's claim of resulting trust due to insufficient evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Mak Saw Ching | Applicant | Individual | Claim Dismissed | Lost | |
| Yam Hui Min, Barbara Rebecca | Respondent | Individual | Claim Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Kim Shin | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Wan Kwong Michael | Crossbows LLP |
| K Mathialahan | Guna & Associates |
4. Facts
- The Applicant and her husband acquired the Flat as joint tenants in 2001.
- The Applicant's husband passed away on 14 September 2009.
- On 2 December 2009, the Applicant executed a transfer of the Flat to the Respondent as a joint tenant.
- The consideration for the transfer was stated as “Natural Love and Affection”.
- The Applicant severed the joint tenancy with the Respondent on 25 March 2013.
- The Applicant claimed the transfer was not intended as a gift but to benefit her son.
- The Respondent claimed the transfer was intended as an absolute gift.
5. Formal Citations
- Mak Saw Ching v Yam Hui Min, Barbara Rebecca, Originating Summons No 1216 of 2013, [2014] SGHC 212
6. Timeline
| Date | Event |
|---|---|
| Applicant and her husband acquired the Flat as joint tenants. | |
| Applicant's husband, Yam Pak Kee, passed away. | |
| Applicant applied to HDB to notify Pak Kee’s death and include Respondent as joint tenant. | |
| Applicant executed a transfer of the Flat to the Respondent as a joint tenant. | |
| Registration of transfer; Respondent became a legal joint tenant of the Flat with the Applicant. | |
| Marriage between Wing Kong and Maria broke down acrimoniously. | |
| Maria and the Respondent left the matrimonial flat. | |
| Maria filed for divorce against Wing Kong. | |
| Applicant severed the joint tenancy with the Respondent. | |
| Applicant’s solicitors sent a letter to the Respondent demanding transfer of rights in the Flat. | |
| Respondent’s solicitors replied refusing the Applicant’s demand. | |
| Interim judgment of divorce was granted. | |
| Applicant filed OS 1216 against the Respondent. | |
| Maria filed an affidavit in support of the Respondent’s case. | |
| Court dismissed OS 1216. | |
| Decision Date |
7. Legal Issues
- Resulting Trust
- Outcome: The court held that the Applicant had not proven the existence of a resulting trust.
- Category: Substantive
- Sub-Issues:
- Presumption of Resulting Trust
- Rebuttal of Presumption
- Intention of Transferor
- Express Trust
- Outcome: The court found that the Applicant had not discharged her burden of proving the express trust which she had alleged.
- Category: Substantive
- Sub-Issues:
- Intention to Create Trust
- Validity of Trust
- Illegality
- Mistake
- Outcome: The court held that the Applicant's contentions on the issue of mistake had to fail.
- Category: Substantive
- Sub-Issues:
- Mistake of Law
- Setting Aside Transfer
8. Remedies Sought
- Declaration that the Respondent held her legal half-share in the Flat on trust for the Applicant
9. Cause of Actions
- Declaration of Resulting Trust
10. Practice Areas
- Civil Litigation
- Trust Litigation
- Property Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Siew Kim v Yeo Guan Chye Terence and another | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Endorsed Lord Browne Wilkinson’s formulation in Westdeutsche Landesbank Girozentrale v Islington London Borough Council as to the circumstances in which a resulting trust will arise. |
| Westdeutsche Landesbank Girozentrale v Islington London Borough Council | N/A | Yes | [1996] AC 669 | England and Wales | Cited for the circumstances in which a resulting trust will arise. |
| Standing v Bowring | N/A | Yes | (1885) 31 Ch D 282 | England and Wales | Endorsed for the principle that trusts are neither created nor implied by law to defeat the intentions of donors or settlors. |
| Chan Yuen Lan v See Fong Mun | Court of Appeal | Yes | [2014] 3 SLR 1048 | Singapore | Clarified that Lau Siew Kim had unequivocally endorsed the lack of intention analysis in relation to resulting trusts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Resulting Trust
- Joint Tenancy
- Housing and Development Board
- HDB Flat
- Natural Love and Affection
- Presumption of Advancement
- Express Trust
15.2 Keywords
- trust
- property
- HDB
- flat
- Singapore
- resulting trust
- express trust
- gift
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Trust Law | 80 |
| Property Law | 75 |
| Housing Law | 40 |
| Family Law | 30 |
| Succession Law | 20 |
16. Subjects
- Trusts
- Property Law
- Real Estate
- Housing