Sun Hui Min v Yang Chia-Yin: Resulting Trusts, Constructive Trusts, Breach of Trust Dispute
The estate of Mrs. Yang Chun Nee Sun Hui Min, represented by Mr. Howard Chi Hao Sun, sued Mr. Yang Chia-Yin in the High Court of Singapore, regarding the beneficial ownership of funds in joint bank accounts. The court, presided over by Ang Cheng Hock JC, ruled in favor of the plaintiff, finding that Mr. Yang Chia-Yin held the funds subject to a constructive trust due to unconscionable conduct and ordered him to compensate the estate for the withdrawn funds, plus interest. The claim involved a dispute over funds withdrawn from joint accounts after the death of Mr. Yang Chun, and a smaller amount missing from a POSB joint account. The cause of action was breach of trust.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Beneficial ownership of joint bank accounts was disputed. The court found a constructive trust and ordered compensation for breach of trust.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Estate of Mrs Yang Chun Nee Sun Hui Min | Plaintiff | Trust | Judgment for Plaintiff | Won | Philip Fong Yeng Fatt, Chie Zi Han, Lau Jia Min, Jaime |
| Yang Chia-Yin | Defendant | Individual | Judgment against Defendant | Lost | Sivanathan Wijaya Ravana |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Philip Fong Yeng Fatt | Eversheds Harry Elias LLP |
| Chie Zi Han | Eversheds Harry Elias LLP |
| Lau Jia Min, Jaime | Eversheds Harry Elias LLP |
| Sivanathan Wijaya Ravana | R.S. Wijaya & Co. |
4. Facts
- Mr. Yang and Mdm. Sun held joint bank accounts in Singapore.
- Defendant was granted mandates to operate the joint accounts.
- Mr. Yang made a will setting aside S$300,000 for Mdm. Sun's maintenance.
- Defendant withdrew S$515,000 from the joint accounts after Mr. Yang's death.
- Mdm. Sun lacked mental capacity at the time of the withdrawals.
- Defendant did not inform the banks of Mr. Yang's death before making the withdrawals.
- Mdm Sun had savings from Taiwan remitted to the joint accounts.
5. Formal Citations
- Estate of Yang Chun (Mrs) née Sun Hui Min, deceased v Yang Chia-Yin, Suit No 375 of 2017, [2019] SGHC 152
6. Timeline
| Date | Event |
|---|---|
| Mr Yang emigrated to Singapore from Taiwan | |
| Mdm Sun joined her husband in Singapore | |
| Defendant emigrated to Singapore from Taiwan | |
| Mr Yang and Mdm Sun purchased the Tomlinson Property | |
| Mdm Looi started working for Mr Yang and Mdm Sun | |
| Defendant set up his own construction business | |
| Mr Yang wrote a letter to the defendant setting out bank accounts | |
| Mdm Sun suffered a stroke | |
| Mr Yang lodged an instrument of transfer such that the defendant and Mdm Sun held the Tomlinson Property with him as joint tenants | |
| Mr Yang wrote a letter to the defendant setting out bank accounts | |
| Ms Hsu remitted US$12,070 from Mdm Sun’s account | |
| Ms Hsu remitted US$261,000 from Mdm Sun’s Taiwanese bank accounts to the UOB time deposit account | |
| Ms Hsu remitted US$157,000 from Mdm Sun’s Taiwanese bank accounts to the UOB time deposit account | |
| Mr Yang made a will | |
| Mdm Sun lost the ability to walk | |
| Mr Yang informed the defendant of other assets owned by the couple | |
| Ms Ohmmar was hired as a second domestic helper | |
| Mr Yang passed away | |
| Defendant transferred S$247,000 from the UOB joint account to his personal UOB account | |
| Defendant transferred S$68,000 from the Citibank joint account to his personal Citibank account | |
| Defendant prematurely terminated the Citibank time deposit account of S$200,000 | |
| Defendant transferred S$200,000 from the Citibank joint account to his personal Citibank account | |
| Defendant informed UOB and Citibank of Mr Yang’s death | |
| Mr Sun's brother visited Singapore | |
| Grant of probate was applied for | |
| Mr Sun returned to Singapore | |
| Mr Sun engaged Dr Madeline Chew to treat Mdm Sun | |
| Grant of probate was granted | |
| Mdm Sun executed a Power of Attorney in favor of Mr Sun | |
| Mdm Sun executed a Lasting Power of Attorney in favor of Mr Sun | |
| Mr Sun's solicitors wrote to the defendant detailing expenses amounting to $9,864.13 | |
| Defendant was informed of Mr Sun’s appointment as Mdm Sun’s attorney | |
| Defendant filed Originating Summons Family No 9 of 2013 | |
| Mr Sun commenced OS 205/2013 against the defendant | |
| Lai Siu Chiu J made interim orders | |
| Judith Prakash J varied Lai Siu Chiu J's interim order | |
| Defendant furnished Mr Sun with a copy of his personal handwritten records in Chinese detailing his expenditure for Mdm Sun’s care and maintenance | |
| Mdm Sun passed away | |
| Defendant’s appeal against Lai J’s order was withdrawn and OS 205/2013 was discontinued | |
| Defendant filed his defence | |
| Defendant purchased Mdm Sun’s estate’s half-share in the Tomlinson Property for S$1.3m | |
| Notes of Evidence | |
| Notes of Evidence | |
| Notes of Evidence | |
| Judgment reserved | |
| Judgment |
7. Legal Issues
- Breach of Trust
- Outcome: The court found that the defendant breached his duties as a constructive trustee.
- Category: Substantive
- Constructive Trust
- Outcome: The court imposed a constructive trust on the defendant for the sums withdrawn from the joint accounts.
- Category: Substantive
- Presumption of Advancement
- Outcome: The court found that the presumption of advancement applied and was not rebutted, leading to the conclusion that the moneys in the joint accounts were beneficially owned by Mdm Sun.
- Category: Substantive
- Presumption of Resulting Trust
- Outcome: The court found that the presumption of resulting trust arose but was displaced by the presumption of advancement.
- Category: Substantive
- Right of Survivorship
- Outcome: The court held that the right of survivorship operated in favor of Mdm Sun, entitling her to the moneys in the joint accounts upon Mr. Yang's death.
- Category: Substantive
8. Remedies Sought
- Return of misappropriated funds
- Equitable compensation
- Account of profits
9. Cause of Actions
- Breach of Trust
- Unjust Enrichment
10. Practice Areas
- Trust Litigation
- Estate Litigation
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TEB v TEC | Singapore Family Court | Yes | [2015] SGFC 54 | Singapore | Cited for findings as to Mdm Sun’s mental capacity and the validity of Mr Sun’s LPA. |
| Mrs Yang Chun nee Sun Hui Min v Yang Chia Yin | High Court | Yes | [2014] 1 SLR 1 | Singapore | Cited for interim orders made by Lai Siu Chiu J and findings regarding Dr. Lee's duties and Mdm Sun's condition. |
| Tan Seng Pow v Tan Seng Hock | High Court | Yes | [1992] SGHC 104 | Singapore | Cited for the principle that in the case of a joint account, the survivor would be presumed to take the whole benefit of the account in the absence of a contrary intention. |
| Collars Muriel Esther de Jesus and Another v Sandra Audrey Jude Collars | High Court | Yes | [2008] SGHC 110 | Singapore | Cited for affirming the reasoning in Tan Seng Pow and stating that the onus is on the person challenging the right of survivorship to demonstrate a contrary intention. |
| Lau Siew Kim v Yeo Guan Chye Terrence and another | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principles of resulting trust, presumption of resulting trust, and presumption of advancement in the context of joint tenancies and bank accounts. |
| Su Emmanuel v Emmanuel Priya Ethel Anne and another | High Court | Yes | [2016] 3 SLR 1222 | Singapore | Cited for the principle that the presumption of resulting trust operates where there is no evidence before the court which adequately reveals the true intention of the transferor. |
| Westdeutche Landesbank Girozentrale v Islington London Borough Council | House of Lords | Yes | [1996] AC 669 | England and Wales | Cited for an illustration of the presumption of resulting trust's operation. |
| Pecore v Pecore | Supreme Court of Canada | Yes | (2007) 279 DLR (4th) 513 | Canada | Cited for the principle that if the presumption of resulting trust is not displaced, the survivors hold the property on trust for the deceased’s estate. |
| Low Gim Siah and others v Low Geok Khim and another | High Court | Yes | [2007] 1 SLR(R) 795 | Singapore | Cited for considering the effect of the recipient’s financial independence on the strength of the presumption of advancement, but distinguished on facts. |
| Pettit v Pettit | House of Lords | Yes | [1970] AC 777 | England and Wales | Cited for the rationale behind the spousal presumption of advancement. |
| Saylor v Madsen Estate | Ontario Court of Appeal | Yes | (2006) 261 DLR (4th) 597 | Canada | Cited for comparison regarding control of finances in joint accounts, but distinguished on facts. |
| In Re Montagu’s Settlement Trusts Duke of Manchester v National Westminster Bank Ltd | Chancery Division | Yes | [1987] Ch 264 | England and Wales | Cited for the fundamental question of whether the conscience of the recipient is bound in such a way as to justify equity in imposing a trust on him. |
| Tan Yok Koon v Tan Choo Suan and another and other appeals | Court of Appeal | Yes | [2017] 1 SLR 654 | Singapore | Cited for the scope of the constructive trustee’s duties. |
| Cheong Soh Chin and others v Eng Chiet Shoong and others | High Court | Yes | [2018] SGHC 131 | Singapore | Cited for the duties of a trustee in the context of a resulting trust. |
| Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and another and another appeal | Court of Appeal | Yes | [2011] 3 SLR 540 | Singapore | Cited for the elements of a claim in unjust enrichment. |
| In re Hallett’s Estate | Court of Appeal | Yes | (1880) 13 Ch D 696 | England and Wales | Cited for the presumption that when a trustee mixes his personal moneys with trust moneys, any expenditure from the mixed fund is first regarded as the trustee’s personal moneys. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Mental Capacity Act (Cap 177A, 2010 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint bank accounts
- Right of survivorship
- Resulting trust
- Presumption of advancement
- Constructive trust
- Breach of trust
- Mental capacity
- Power of attorney
- Executor
- Beneficial ownership
15.2 Keywords
- trusts
- resulting trusts
- constructive trusts
- breach of trust
- joint accounts
- Singapore
- estate
- Yang Chia-Yin
- Sun Hui Min
16. Subjects
- Trusts
- Banking Law
- Estate Administration
17. Areas of Law
- Trust Law
- Resulting Trusts
- Constructive Trusts
- Breach of Trust