Soemarto Sulistio v Stukan Yetty Fang: Inter Vivos Gift of Gold Bars & Constructive Trusts Dispute

In Soemarto Sulistio v Stukan Yetty Fang and others, the Appellate Division of the High Court of Singapore heard an appeal regarding the ownership of 122 gold bars. The appellant, Soemarto Sulistio, claimed a beneficial interest in the gold bars, which were bequeathed to the respondents (Stukan Yetty Fang, Sulistio Yena, Hino Yenny Sulistio, and Sulistio Edy) by his late wife, Mdm Soemiati. The court dismissed the appeal, finding that the appellant intended to make an inter vivos gift of the gold bars to his wife in 2016. The court held that the appellant's claim of a constructive trust was not supported by the evidence.

1. Case Overview

1.1 Court

Appellate Division of the High Court of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding ownership of gold bars. The court found an inter vivos gift was intended, dismissing the appellant's claim of a constructive trust.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Soemarto SulistioAppellant, PlaintiffIndividualAppeal DismissedLost
Stukan Yetty FangRespondent, DefendantIndividualAppeal DismissedWon
Sulistio YenaRespondent, DefendantIndividualAppeal DismissedWon
Hino Yenny SulistioRespondent, DefendantIndividualAppeal DismissedWon
Sulistio EdyRespondent, DefendantIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudge of the Appellate DivisionYes
See Kee OonJudge of the High CourtNo
Chua Lee MingJudge of the High CourtNo

4. Counsels

Counsel NameOrganization
Dr Tang Hang WuTan YC Law Practice
Tan Yew ChengTan YC Law Practice
Manoj BelaniDrew & Napier LLC
Jimmy Yim Wing Kuen SCDrew & Napier LLC
Lee Soong Yan, KevinDrew & Napier LLC
Lim Joe JeeDrew & Napier LLC

4. Facts

  1. The appellant and his wife jointly purchased 122 gold bars in 1989.
  2. In 2016, the appellant signed the Original Gold Certificates at his wife's request.
  3. The signed certificates allowed the wife to obtain new certificates in her sole name.
  4. The wife bequeathed the gold bars to the respondents in her will.
  5. The appellant claimed a beneficial interest in the gold bars under the new certificates.
  6. The appellant accepted the validity of the transfer of legal title to his wife.
  7. The appellant provided inconsistent explanations for signing the Original Gold Certificates.

5. Formal Citations

  1. Soemarto Sulistio v Stukan Yetty Fang and others, Civil Appeal No 13 of 2021, [2021] SGHC(A) 5
  2. Soemarto Sulistio v Stukan Yetty Fang and others, Suit No 836 of 2019, [2021] SGHC 04

6. Timeline

DateEvent
Gold bars purchased from United Overseas Bank
Appellant signed Original Gold Certificates
New gold certificates issued in Mdm Soemiati's sole name
Mdm Soemiati died
Appellant's Declaration
Lawsuit filed in HC/S 836/2019
Judgment delivered

7. Legal Issues

  1. Inter Vivos Gift
    • Outcome: The court found that the appellant intended to make an inter vivos gift of the gold bars to his wife.
    • Category: Substantive
    • Sub-Issues:
      • Intention to gift
      • Delivery of subject matter
  2. Constructive Trust
    • Outcome: The court rejected the appellant's claim that the gold bars were held under a constructive trust.
    • Category: Substantive
  3. Presumption of Advancement
    • Outcome: The court applied the presumption of advancement, placing the burden on the appellant to prove he did not intend to gift the gold bars.
    • Category: Substantive

8. Remedies Sought

  1. Declaration of beneficial ownership
  2. Declaration that the estate holds the gold bars on trust

9. Cause of Actions

  • Claim for beneficial ownership of gold bars
  • Claim for declaration of trust

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Yuen Lan v See Fong MunUnknownYes[2014] 3 SLR 1048SingaporeCited for the framework to determine the parties’ common intention regarding ownership of property.
Toh Eng Tiah v Jiang Angelina and another appealUnknownYes[2021] 1 SLR 1176SingaporeCited for the requirements of a valid inter vivos gift, specifically the subjective intention to gift and delivery of the subject matter.
Koh Lian Chye and another v Koh Ah Leng and another and another appealCourt of AppealYes[2021] SGCA 69SingaporeCited for the presumption of advancement in transfers from husband to wife and the burden of proof to rebut it.
Estate of Yang Chun (Mrs) née Sun Hui Min, deceased v Yang Chia-YinUnknownYes[2019] 5 SLR 593SingaporeCited to support the principle that the right of survivorship operates only on the legal interest and not the beneficial interest in a joint tenancy.

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

  • Gold bars
  • Inter vivos gift
  • Constructive trust
  • Beneficial ownership
  • Presumption of advancement
  • Original Gold Certificates
  • Delivery Instructions
  • Right of survivorship

15.2 Keywords

  • gold bars
  • inter vivos gift
  • constructive trust
  • Singapore
  • trusts
  • equity

17. Areas of Law

Area NameRelevance Score
Gifts Law90
Inter vivos gift80
Trust Law70
Constructive Trust60
Resulting Trust40
Succession Law30
Wills and Probate20
Contract Law10
Civil Procedure10
Family Law10

16. Subjects

  • Trust Law
  • Property Law
  • Gift Law