Low Yin Ni v Tay Yuan Wei: Resulting Trusts, Presumption of Advancement & Family Law

In Low Yin Ni and another v Tay Yuan Wei Jaycie (formerly known as Tay Yeng Choo Jessy) and another, the Court of Appeal of Singapore heard an appeal regarding the beneficial ownership of a Housing and Development Board flat. The appellants, Low Yin Ni and Woon Kwee Yin, appealed against the High Court's decision that their son, the second respondent, benefited from a presumption of advancement. The court allowed the appeal, finding that the presumption of advancement was rebutted, and held that the parties hold their shares in the Flat in accordance with their direct financial contributions.

1. Case Overview

1.1 Court

Court of Appeal of the republic of singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Ex-Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding beneficial ownership of a Housing and Development Board flat. The court found the presumption of advancement was rebutted.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Low Yin NiAppellantIndividualAppeal AllowedWon
Woon Kwee YinAppellantIndividualAppeal AllowedWon
Tay Yuan Wei, Jaycie (formerly known as Tay Yeng Choo Jessy)RespondentIndividualAppeal LostLost
Low Heng SinRespondentIndividualAppeal LostLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Chao Hick TinSenior JudgeNo
Quentin LohJudgeNo

4. Counsels

Counsel NameOrganization
Liaw Jin PohTan Lee & Choo
Mohammad Shafiq bin Haja MaideenAbdul Rahman Law Corporation
Abdul Rahman Bin Mohd HanipahAbdul Rahman Law Corporation

4. Facts

  1. The appellants purchased the Housing and Development Board flat in 1999.
  2. The respondents were added as legal owners of the flat in October 2011.
  3. The first respondent is the estranged ex-wife of the second respondent.
  4. The appellants are the parents of the second respondent.
  5. The respondents lived with the appellants for a brief period after their marriage.
  6. The appellants faced persistent difficulties in making mortgage payments.
  7. The respondents were added as legal co-owners to use their Central Provident Fund to help pay down the mortgage.

5. Formal Citations

  1. Low Yin Ni and another v Tay Yuan Wei Jaycie (formerly known as Tay Yeng Choo Jessy) and another, Civil Appeal No 220 of 2019, [2020] SGCA 58

6. Timeline

DateEvent
Flat originally purchased by the appellants
Respondents added as legal owners of the Flat
Originating Summons No 391 of 2018 filed
Judgment delivered

7. Legal Issues

  1. Presumption of Advancement
    • Outcome: The court held that the presumption of advancement was rebutted on the facts.
    • Category: Substantive
    • Related Cases:
      • [2014] 3 SLR 1048
      • [2008] 2 SLR(R) 108
  2. Resulting Trust
    • Outcome: The court applied the presumption of resulting trust after rebutting the presumption of advancement.
    • Category: Substantive
    • Related Cases:
      • [2014] 3 SLR 1048

8. Remedies Sought

  1. Determination of beneficial interests in the Flat

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Trust Law
  • Family Law
  • Real Estate Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Yuen Lan v See Fong MunCourt of AppealYes[2014] 3 SLR 1048SingaporeCited for the principles regarding beneficial interest in property and resulting trusts.
Lau Siew Kim v Yeo Guan Chye Terence and anotherCourt of AppealYes[2008] 2 SLR(R) 108SingaporeCited for the key inquiry when considering the presumption of advancement is in substance directed at discerning the presumed intention of the transferor.

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

  • Housing and Development Board flat
  • Beneficial ownership
  • Joint tenants
  • Presumption of advancement
  • Resulting trust
  • Matrimonial assets
  • Financial contributions
  • Mortgage payments
  • Central Provident Fund

15.2 Keywords

  • trusts
  • family law
  • property
  • singapore
  • court of appeal
  • housing
  • divorce
  • beneficial ownership

17. Areas of Law

Area NameRelevance Score
Resulting Trusts80
Trust Law75
Presumed Resulting Trusts70
Family Law65
Presumption of Advancement60
Property Law50
Beneficial Ownership40

16. Subjects

  • Trusts
  • Family Law
  • Property Law