Lim Sze Wei v Lim Chuan Wei: Resulting & Constructive Trusts, Joint Tenancy & Equitable Accounting

In Lim Sze Wei v Lim Chuan Wei, the Singapore High Court addressed a dispute between siblings over two properties registered in joint tenancy with their eldest brother, Chuan Wei, and their deceased parents. The younger siblings, Geri and Luke, as executors of their parents' estates, claimed the properties were held on trust. The court found that the parents and Chuan Wei held the Sunrise property as tenants in common in equal shares, and that the AMK property was beneficially owned by the parents. The court ordered equitable accounting for Chuan Wei's mortgage payments.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiffs in part. Defendant to be reimbursed for mortgage payments.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case concerning beneficial ownership of properties held in joint tenancy, focusing on resulting trusts, common intention, and equitable accounting.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Sze WeiPlaintiffIndividualJudgment for Plaintiff in partPartial
Lim Chuan CheePlaintiffIndividualJudgment for Plaintiff in partPartial
Lim Chuan WeiDefendantIndividualDefendant to be reimbursed for mortgage paymentsPartial

3. Judges

Judge NameTitleDelivered Judgment
Philip JeyaretnamJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Joshua Chow Shao WeiI.R.B Law LLP
Rabi Ahmad s/o M Abdul RavoofI.R.B Law LLP
Koh Choon Guan DanielEldan Law LLP
Clarence Cheang Wei MingEldan Law LLP
Raheja JamaluddinEldan Law LLP

4. Facts

  1. Parents and eldest son were registered as joint tenants of two properties.
  2. Parents' wills bequeathed their interests in the properties to the youngest son.
  3. Eldest son claimed sole beneficial ownership based on the right of survivorship.
  4. Younger siblings claimed the properties were held on trust for the parents' estates.
  5. Parents contributed the entire down payment for the AMK property.
  6. Eldest son contributed to mortgage payments for both properties.
  7. Siblings had discussions about the properties after their mother's death.

5. Formal Citations

  1. Lim Sze Wei (the joint executor and trustee of the estate of Mrs Lim Ah Fong née Loh Ah Fong, deceased) and another vLim Chuan Wei, Suit No 793 of 2020, [2021] SGHC 267

6. Timeline

DateEvent
Mother passed away
Father had a fall and developed issues with mobility
Father passed away
Caveats lodged against both properties
Mortgage was fully redeemed on AMK property
Judgment reserved

7. Legal Issues

  1. Presumption of Resulting Trust
    • Outcome: Presumption applied, but rebutted in part by evidence of common intention.
    • Category: Substantive
    • Sub-Issues:
      • Unequal contributions to purchase price
      • Absence of declaration of trust
  2. Common Intention Constructive Trust
    • Outcome: Court found evidence of common intention to hold the Sunrise property in equal shares.
    • Category: Substantive
    • Sub-Issues:
      • Express common intention
      • Inferred common intention
  3. Equitable Accounting
    • Outcome: Defendant entitled to reimbursement for mortgage payments made without prior agreement.
    • Category: Substantive
    • Sub-Issues:
      • Contributions without prior agreement
      • Mortgage payments
  4. Joint Tenancy vs. Tenancy in Common
    • Outcome: Court found that the legal joint tenancy did not reflect the parties' intentions, and the properties were held as tenants in common in equity.
    • Category: Substantive
    • Sub-Issues:
      • Right of survivorship
      • Severance of joint tenancy
  5. Proprietary Estoppel
    • Outcome: Claim failed due to lack of evidence of representation.
    • Category: Substantive
    • Sub-Issues:
      • Representation
      • Reliance
      • Detriment

8. Remedies Sought

  1. Declaration of Trust
  2. Equitable Accounting

9. Cause of Actions

  • Breach of Trust
  • Declaration of Beneficial Ownership

10. Practice Areas

  • Commercial Litigation
  • Trust Litigation
  • Property Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Yuen Lan v See Fong MunCourt of AppealYes[2014] 3 SLR 1065SingaporeEstablished the framework for analyzing property disputes involving unequal contributions and the absence of a declaration of trust.
Lau Siew Kim v Yeo Guan Chye Terence and anotherUnknownYes[2008] 2 SLR(R) 108SingaporeAddressed the equitable presumption of tenancy in common and the effect of Section 53(1) of the Land Titles Act.
Su Emmanuel v Emmanuel Priya Ethel Anne and anotherCourt of AppealYes[2016] 3 SLR 1222SingaporeClarified that the extent of beneficial interests under a resulting trust must be determined at the time the property is purchased.
Tan Yok Koon v Tan Choo SuanCourt of AppealYes[2017] 1 SLR 654SingaporeEndorsed reliance on parties’ subsequent conduct in rebuttal of a presumption of advancement.

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

  • Joint Tenancy
  • Tenancy in Common
  • Resulting Trust
  • Constructive Trust
  • Equitable Accounting
  • Right of Survivorship
  • Beneficial Interest
  • Mortgage Payments
  • Common Intention
  • Proprietary Estoppel

15.2 Keywords

  • trusts
  • property
  • joint tenancy
  • resulting trust
  • constructive trust
  • equitable accounting
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Trust Law90
Resulting Trusts85
Constructive trusts80
Chancery and Equity75
Equitable Accounting70
Property Law65
Joint Tenancy60
Presumption of Advancement50
Succession Law40
Family Law30

16. Subjects

  • Trusts
  • Property Law
  • Family Law
  • Equity