Goh Rosaline v Goh Lian Chyu: Will Construction & Right to Occupy Property with Pets

In Goh Rosaline v Goh Lian Chyu, the High Court of Singapore addressed a dispute arising from the will of Low Gek Huay, which granted her children the right to reside in a house. The plaintiff, Goh Rosaline, sought a declaration to allow her to move into the house with her two dogs, which was opposed by the first defendant, Goh Lian Chyu. The court, presided over by Choo Han Teck J, found no legal impediment to the plaintiff moving in with her dogs, emphasizing that the plaintiff's rights as a lawful occupant were equal to those of the defendants. The court encouraged the siblings to resolve their differences to avoid further conflict.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

The court found no impediment to the plaintiff moving into the house with her two dogs.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

A dispute arose over a will granting siblings the right to reside in a house. The court addressed whether a sibling could move in with her dogs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Goh RosalinePlaintiffIndividualDeclaration GrantedWon
Goh Lian ChyuDefendantIndividualClaim DismissedLost
Low Djau AiDefendantIndividualClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Irving Choh Thian CheeOptimus Chambers LLC
Shahiran IbrahimAsia Law Corporation
Marcus Tai Kai XuanAsia Law Corporation

4. Facts

  1. Madam Low Gek Huay died on 22 March 2002, leaving behind ten children.
  2. In her will dated 24 October 2000, she left a house to her ten children and her grandson.
  3. The will stated that the house shall be used as a residence by her children and shall not be sold without consent.
  4. The plaintiff is the ninth child and is now 64 years old.
  5. The first defendant is the third child and he is now 77 years old.
  6. The defendants have been staying in the house and raised their two children there.
  7. The plaintiff moved out of the house in 2002 and moved back briefly for a few months about ten years ago.

5. Formal Citations

  1. Goh Rosaline v Goh Lian Chyu and another, Originating Summons No 1407 of 2018, [2019] SGHC 133

6. Timeline

DateEvent
Will of Low Gek Huay dated
Madam Low Gek Huay died
Originating Summons No 1407 of 2018 filed
Judgment reserved
Hearing date

7. Legal Issues

  1. Will Construction
    • Outcome: The court interpreted the will to mean that the plaintiff was entitled to reside in the house.
    • Category: Substantive
    • Related Cases:
      • [2007] 1 SLR (R) 453
  2. Right to Occupy Property
    • Outcome: The court held that the plaintiff had the right to occupy the property.
    • Category: Substantive

8. Remedies Sought

  1. Declaration that the plaintiff be permitted to move into the House with the two dogs.

9. Cause of Actions

  • Declaration

10. Practice Areas

  • Estate Planning
  • Real Estate Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Goh Nellie v Goh Lian Teck and OthersHigh CourtYes[2007] 1 SLR (R) 453SingaporeCited to support the interpretation of the testatrix's intention regarding the right of the children to occupy the house.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Will
  • Testatrix
  • Beneficiaries
  • Residence
  • Occupy
  • Declaration

15.2 Keywords

  • Will
  • Property
  • Dogs
  • Residence
  • Declaration

17. Areas of Law

Area NameRelevance Score
Wills and Probate90
Succession Law90
Property Law50

16. Subjects

  • Wills and Estates
  • Property Law