Lim Choo Hin v Lim Sai Ing Peggy: Resulting Trusts & Inter Vivos Gifts Dispute
In Lim Choo Hin (as the sole executrix of the estate of Lim Guan Heong, deceased) v Lim Sai Ing Peggy, the High Court of Singapore addressed a dispute between siblings over their late father's property. The applicant, Lim Choo Hin, sought a declaration that the property was held on trust by the respondent, Lim Sai Ing Peggy, for the estate of their father. The court dismissed the application, finding that the respondent was the beneficial owner of the property due to a gift from their father, and there was no basis for a resulting trust.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
A dispute among siblings over their late father's property. The court determined that the respondent was the beneficial owner of the property due to a gift.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lim Choo Hin (as the sole executrix of the estate of Lim Guan Heong, deceased) | Applicant | Individual | Application dismissed | Lost | Tan Kwee Sain Pauline |
| Lim Sai Ing Peggy | Respondent | Individual | Application dismissed | Won | Lim Cheng Hock Lawrence |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kwee Sain Pauline | P Tan & Co |
| Lim Cheng Hock Lawrence | Matthew Chiong Partnership |
4. Facts
- Mr Lim was the owner of a Housing Development Board flat.
- Mr Lim held the Property as joint tenants with Ms Lim Sai Ing Peggy.
- Ms Lim Choo Hin seeks a declaration that the Property is held on trust by the respondent for the estate of Mr Lim.
- The respondent claims that she is the true beneficial owner of the Property.
- The Property was purchased under a sale and purchase agreement dated 7 November 1975.
- The Property was registered in Mr Lim’s sole name at the time of purchase.
- On 1 April 1981, the respondent was registered as a joint owner of the Property.
- In 2001, Mr Lim arranged for the applicant’s name to be added to the Property as another joint owner.
- On 6 September 2013, the applicant removed her name from the Property.
- Prior to his passing on 4 September 2015, Mr Lim executed a will on 27 April 2015.
- Under the Will, Mr Lim bequeathed his share in the Property to LKY.
5. Formal Citations
- Lim Choo Hin (as the sole executrix of the estate of Lim Guan Heong, deceased)vLim Sai Ing Peggy, , [2021] SGHC 52
6. Timeline
| Date | Event |
|---|---|
| Sale and purchase agreement for the Property signed | |
| Completion of Property purchase | |
| Mr Lim's wife passed on | |
| Respondent registered as a joint owner of the Property | |
| Mr Lim, LKY, LSE, the applicant and the respondent purchased the Shophouse under the HDB Tenants Priority Scheme | |
| Applicant's name added to the Property as another joint owner | |
| Applicant removed her name from the Property | |
| Transfer instruments lodged for applicant's removal from Property title | |
| Respondent moved out of the Property | |
| Sale of the Shophouse completed | |
| Mr Lim executed a will | |
| Mr Lim passed away | |
| Grant of Probate obtained | |
| Applicant furnished respondent with copies of Grant of Probate and the Will | |
| Respondent filed the Notice of Death of Mr Lim over the Property | |
| Applicant discovered the Notice of Death filed by the respondent | |
| Applicant lodged a caveat against the Property | |
| Applicant filed the Application | |
| Respondent filed HC/SUM 4277/2020 | |
| Judgment reserved on the Application and SUM 4277 | |
| Judgment delivered |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that there was never a trust over the Property.
- Category: Substantive
- Related Cases:
- [1996] AC 669
- Inter Vivos Gift
- Outcome: The court found that Mr Lim bestowed a gift to the respondent when he added her name to the property register.
- Category: Substantive
8. Remedies Sought
- Declaration that the Property is held on trust by the respondent for the estate of Mr Lim
9. Cause of Actions
- Declaration of Trust
10. Practice Areas
- Trust Law
- Estate Planning
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Westdeutsche Landesbank Girozentrale v Islington London Borough Council | N/A | Yes | [1996] AC 669 | N/A | Cited for the principle of presumption of resulting trust where an individual makes a voluntary payment for the purchase of a property that is then vested in the other person or in both of them jointly. |
| Lim Beng Kiat v Mohammad Sarman bin Saidi | High Court | Yes | [2020] SGHC 253 | Singapore | Cited as an instance where Lord Browne-Wilkinson’s observations in Westdeutsche Landesbank Girozentrale v Islington London Borough Council were accepted locally. |
| Estate of Yang Chun (Mrs) née Sun Hui Min, deceased v Yang Chia-Yin | N/A | Yes | [2019] 5 SLR 593 | N/A | Cited as an instance where Lord Browne-Wilkinson’s observations in Westdeutsche Landesbank Girozentrale v Islington London Borough Council were accepted locally. |
| Lau Siew Kim v Yeo Guan Chye Terence and another | N/A | Yes | [2008] 2 SLR(R) 108 | N/A | Cited as an instance where Lord Browne-Wilkinson’s observations in Westdeutsche Landesbank Girozentrale v Islington London Borough Council were accepted locally. |
| Chan Yuen Lan v See Fong Mun | N/A | Yes | [2014] 3 SLR 1048 | N/A | Cited for the principle that the presumption of resulting trust is equity’s response to the lack of intention by the transferor to benefit the transferee. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Resulting trust
- Inter vivos gift
- Joint tenants
- Beneficial interest
- Bare legal title
- Right of survivorship
- Housing Development Board
- Property register
15.2 Keywords
- trusts
- resulting trusts
- inter vivos gifts
- property
- inheritance
- Singapore
- High Court
16. Subjects
- Trusts
- Property Law
- Inheritance Law
17. Areas of Law
- Trusts
- Resulting trusts
- Presumed resulting trusts
- Gifts
- Inter vivos