Lim Choo Hin v Lim Sai Ing Peggy: Resulting Trusts & Inter Vivos Gift Dispute over HDB Flat
Lim Choo Hin, as the executrix of Lim Guan Heong's estate, appealed against the High Court's decision regarding the ownership of a Housing and Development Board (HDB) flat. The High Court of the Republic of Singapore allowed the appeal, finding that Lim Sai Ing Peggy held the flat on resulting trust for the estate of Lim Guan Heong. The court determined there was no evidence of an inter vivos gift, reversing the lower court's decision. The claim involved a dispute over beneficial ownership of the flat following the death of Lim Guan Heong.
1. Case Overview
1.1 Court
Appellate Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding ownership of an HDB flat. Court found no evidence of inter vivos gift, imposing a resulting trust in favor of the deceased's estate.
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) | Appellant, Applicant | Individual | Appeal Allowed | Won | |
| Lim Sai Ing Peggy | Respondent | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge of the Appellate Division | No |
| See Kee Oon | Judge of the High Court | Yes |
| Chua Lee Ming | Judge of the High Court | No |
4. Counsels
4. Facts
- Mr Lim purchased the HDB flat in 1975 and became the sole registered proprietor in 1976.
- In 1981, LSI became registered as a joint tenant of the Flat.
- In 2001, LCH also became registered as a joint tenant, but removed her name in 2013.
- Mr Lim passed away on 4 September 2015.
- Mr Lim executed a will on 27 April 2015, bequeathing his share in the Flat to his son.
- Mr Lim demanded rent from his children residing in the Flat.
- LSI did not claim any interest in the Flat until after she was told about Mr Lim's Will.
5. Formal Citations
- Lim Choo Hin (as the sole executrix of the estate of Lim Guan Heong, deceased)vLim Sai Ing Peggy, Civil Appeal No 37 of 2021, [2021] SGHC(A) 22
- Lim Choo Hin (as the sole executrix of the estate of Lim Guan Heong, deceased) v Lim Sai Ing Peggy, , [2021] SGHC 52
6. Timeline
| Date | Event |
|---|---|
| Mr Lim entered into a sale and purchase agreement to purchase the Flat | |
| Mr Lim became the sole registered proprietor of the Flat | |
| LSI became registered as a joint tenant of the Flat | |
| LCH became registered as a joint tenant of the Flat | |
| LCH removed her name from the Flat | |
| Mr Lim executed a Will | |
| Mr Lim’s death | |
| LCH sought a declaration in HC/OS 168/2020 | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that LSI held the Flat on resulting trust for the Estate.
- Category: Substantive
- Related Cases:
- [2008] 2 SLR(R) 108
- [2014] 3 SLR 1048
- Inter Vivos Gift
- Outcome: The court found no evidence of donative intent on Mr Lim's part.
- Category: Substantive
- Housing and Development Act Compliance
- Outcome: The court held that the resulting trust in Mr Lim’s favour did not contravene s 51(10) of the HDA.
- Category: Substantive
- Related Cases:
- [2021] 1 SLR 1328
8. Remedies Sought
- Declaration that the respondent holds the Flat on trust for the Estate
- Delivery of possession of the Flat to the Estate
- Account of profits
9. Cause of Actions
- Declaration of Trust
10. Practice Areas
- Trust Law
- Estate Law
- Property Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lau Siew Kim v Yeo Guan Chye Terence and another | Court of Appeal | Yes | [2008] 2 SLR(R) 108 | Singapore | Cited for the principle that a gratuitous transfer of property normally gives rise to a presumption of resulting trust in the transferor’s favour. |
| Chan Yuen Lan v See Fong Mun | Court of Appeal | Yes | [2014] 3 SLR 1048 | Singapore | Cited for the principle that the court is not obliged to rely on the presumption of resulting trust if there is direct evidence that may adequately reveal the intention of the transferor. |
| Lim Chen Yeow Kelvin v Goh Chin Peng | High Court | Yes | [2008] 4 SLR(R) 783 | Singapore | Cited for the principle that the court should apply the presumption of resulting trust when it is not able to find any clear intention or if the evidence is inconclusive either way as to what the transferor’s real intention might be. |
| Lee Nellie v Wong Lai Kay | High Court | Yes | [1990] 1 SLR(R) 215 | Singapore | Cited for the principle that properties were held on trust for the transferor in the face of transfer documents suggesting that the transfer had been intended as a gift. |
| Mak Saw Ching v Yam Hui Min, Barbara Rebecca | High Court | Yes | [2014] SGHC 212 | Singapore | Cited to distinguish the present case, as in that case, the applicant did not challenge the respondent’s evidence that both the procedure for and the effect of the transfer had been clearly explained to her by a HDB officer before she executed to the transfer. |
| Lim Kieuh Huat v Lim Teck Leng and another and another appeal | Court of Appeal | Yes | [2021] 1 SLR 1328 | Singapore | Cited to distinguish the present case, as in that case, the appellants had financed the purchase of a HDB flat, but had intentionally registered the flat in their son’s sole name so as to avoid paying a resale levy and enable their son to obtain a housing loan. |
| Tan Chui Lian v Neo Liew Eng | High Court | Yes | [2007] 1 SLR(R) 265 | Singapore | Cited for the interpretation of s 51(10) of the HDA. |
| Lim Kieuh Huat and another v Lim Teck Leng and another | High Court | Yes | [2020] SGHC 181 | Singapore | Cited for the interpretation of s 51(10) of the HDA. |
| TDA v TCZ and others | Court of Appeal | Yes | [2016] 3 SLR 329 | Singapore | Cited for the principle that a party can lose the ability to ask the court to order such a conversion if it has elected to forgo the opportunity to do so. |
| LS Investment Pte Ltd v Majlis Ugama Islam Singapura | Court of Appeal | Yes | [1998] 3 SLR(R) 369 | Singapore | Cited for the principle that a party can lose the ability to ask the court to order such a conversion if it has elected to forgo the opportunity to do so. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (2014 Rev Ed) O 28 r 8(1) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(8) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(9) | Singapore |
| Housing and Development Act (Cap 129, 2004 Rev Ed) s 51(10) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Resulting Trust
- Inter Vivos Gift
- Joint Tenancy
- Right of Survivorship
- HDB Flat
- Beneficial Interest
- Donative Intent
- Presumption of Advancement
- Housing and Development Act
15.2 Keywords
- trust
- HDB
- flat
- property
- estate
- gift
- resulting trust
- inter vivos
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Resulting Trusts | 80 |
| Presumed Resulting Trusts | 75 |
| Trust Law | 75 |
| Gifts Law | 70 |
| Inter vivos gift | 70 |
| Property Law | 60 |
| Division of Assets | 30 |
| Family Law | 30 |
| Corporate Law | 10 |
16. Subjects
- Trust Law
- Property Law
- Estate Law