Ho Woon Chun v Wang Kai Qing: Resulting Trusts, Constructive Trusts & HDB Flat Ownership Dispute

In Ho Woon Chun (administratrix of the estate of Ho Fook Tuck, deceased) v Wang Kai Qing, the General Division of the High Court of Singapore heard an originating application regarding the beneficial ownership of a Housing and Development Board (HDB) flat. The claimant, Ho Woon Chun, sought a declaration that the defendant, Wang Kai Qing, held the flat in trust for the estate of the deceased, Ho Fook Tuck. The court dismissed the application, affirming the defendant's absolute ownership of the flat, finding that the deceased intended to gift the flat to the defendant.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Originating application dismissed; Defendant's absolute ownership of the flat affirmed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Beneficial ownership dispute over a HDB flat. Court found Deceased intended to gift the flat to his wife, dismissing the claim.

1.7 Decision Date

1 May 2023

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Ho Woon Chun	Claimant	Individual	Application Dismissed	Lost	Nicholas Yong Yoong Han of Fortis Law Corporation Tan Tse Chia Patrick of Fortis Law Corporation
Wang Kai Qing	Defendant	Individual	Absolute ownership of the Flat is affirmed	Won	Lim May Li of Lim & Ong

3. Judges

Judge Name	Title	Delivered Judgment
Mavis Chionh Sze Chyi	Judge	Yes

4. Counsels

Counsel Name	Organization
Nicholas Yong Yoong Han	Fortis Law Corporation
Tan Tse Chia Patrick	Fortis Law Corporation
Lim May Li	Lim & Ong

4. Facts

The Deceased purchased the HDB flat in his sole name in 1988.
The Deceased married the Defendant in China on 22 June 2010.
The Defendant became a Singapore Permanent Resident on 3 March 2014.
On 4 July 2014, the Defendant was added as a joint tenant of the flat.
The Deceased and the Defendant registered their divorce in China on 2 July 2015.
The Deceased and the Defendant filed a Notice of Marriage at the Registry of Marriage in Singapore on 31 July 2015.
The Deceased passed away intestate on 9 September 2016.

5. Formal Citations

Ho Woon Chun (administratrix of the estate of Ho Fook Tuck, deceased) v Wang Kai Qing, Originating Application No 377 of 2022, [2023] SGHC 115

6. Timeline

Date	Event
1988-09-01	Ho Fook Tuck purchased the flat in his sole name.
1993-01-01	Deceased’s mother passed away.
2009-07-01	Deceased met the Defendant in Singapore.
2010-06-22	Deceased and Defendant married in China.
2014-03-03	Defendant became a Singapore Permanent Resident.
2014-05-09	Deceased brought the Defendant to the HDB branch office in Tampines to fill up the application form.
2014-07-04	Defendant was added as a joint tenant of the flat.
2015-01-01	Deceased’s father passed away.
2015-06-02	Deceased and Defendant registered their divorce in China.
2015-07-31	Deceased and Defendant filed a Notice of Marriage at the Registry of Marriage in Singapore.
2015-10-31	Formal solemnisation of marriage was scheduled but did not proceed.
2016-09-09	Ho Fook Tuck passed away intestate.
2019-01-09	Letters of administration of his estate were granted to the Claimant.
2022-07-22	The present application was filed against the Defendant.
2022-11-01	Counsel was seen and directions were given for the cross-examination of the makers of the various affidavits.
2023-01-19	Hearing took place.
2023-03-09	Further written submissions were filed by both sides.
2023-05-02	Judgment reserved.

7. Legal Issues

Resulting Trust
- Outcome: The court found no resulting trust existed as the Deceased intended to gift the property.
- Category: Substantive
Constructive Trust
- Outcome: The court rejected the claim of a common intention constructive trust.
- Category: Substantive
Beneficial Ownership
- Outcome: The court determined the defendant was the beneficial owner of the flat.
- Category: Substantive

8. Remedies Sought

Declaration that the Defendant holds the Flat as trustee for the Estate
Order for the Defendant to re-transfer the Flat to the Estate

9. Cause of Actions

Declaration of Trust

10. Practice Areas

Civil Litigation
Trusts and Estates
Real Estate Law

11. Industries

Real Estate

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Estate of Yang Chun (Mrs) nēe Sun Hui Min, deceased v Yang Chia-Yin	High Court	Yes	[2019] 5 SLR 593	Singapore	Cited for the successive stages of analysis in determining the operation of the right of survivorship in joint accounts and the application of resulting and presumed resulting trusts.
Collars Muriel Esther de Jesus v Sandra Audrey Jude Collars	High Court	Yes	[2008] SGHC 110	Singapore	Cited for the principle that the onus is on the person challenging the right of survivorship to demonstrate a contrary intention.
Lau Siew Kim v Yeo Guan Chye Terence	Court of Appeal	Yes	[2008] 2 SLR(R) 108	Singapore	Cited for the principles of presumed resulting trusts and the varying strength of the presumption depending on the circumstances.
Su Emmanuel v Emmanuel Priya Ethel Anne	High Court	Yes	[2016] 3 SLR 1222	Singapore	Cited for the principle that a presumed resulting trust operates where there has been a transfer of property to the survivor for which the survivor has not provided the whole of the consideration.
Low Yin Ni and another v Tay Yuan Wei Jaycie (formerly known as Tay Yeng Choo Jessy) and another	Court of Appeal	Yes	[2020] SGCA 58	Singapore	Cited for the principle that the presumption of advancement operates in certain circumstances to rebut the presumed resulting trust, such as transfers from husband to wife.
Chan Yuen Lan v See Fong Mun	Court of Appeal	Yes	[2014] 3 SLR 1048	Singapore	Cited for the principle that the question in every case where the claim is based on the existence of a resulting trust is whether there is any 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 if the court can discern a clear intention on the part of the deceased to gift all the moneys in the joint account to the survivor from the evidence before it, then there should be no need to apply any presumption of a resulting trust.
Lim Choo Hin (as the sole executrix of the estate of Lim Guan Heong, deceased) v Lim Sai Ing Peggy	Appellate Division of the High Court	Yes	[2022] 1 SLR 873	Singapore	Cited for the principle that the court's inquiry into the actual intentions and desires of the transferor of the property in issue is a fact-specific one.
Mak Saw Ching v Yam Hui Min, Barbara Rebecca	High Court	Yes	[2014] SGHC 212	Singapore	Cited for the principle that the fact that the applicant transferor was advised by HDB officers on the procedure for and effect of the transfer was an important factor which belied the Applicant’s allegation that she had intended to create a trust in making the transfer.
Buthmanaban s/o Vaithilingam v Krishnavanny d/o Vaithilingam (administratrix of the estate of Ponnusamy Sivapakiam, deceased) and another	High Court	Yes	[2015] SGHC 35	Singapore	Cited for the principle that the common intention constructive trust provides for the beneficial interests of parties to be assessed in accordance with their common intention.
Lai Hoon Woon (executor and trustee of the estate of Lai Thai Lok, deceased) v Lai Foong Sin and another	High Court	Yes	[2016] SGHC 113	Singapore	Cited for the principle that the common intention constructive trust arises by operation of law from the date of the circumstances giving rise to it.
Sumoi Paramesvaeri v Fleury, Jeffrey Gerard and another	High Court	Yes	[2016] 5 SLR 302	Singapore	Cited for the principle that once a common intention between the parties has been made out, there must be detrimental reliance on the party relying on the trust.
Westdeutsche Landesbank Girozentrale v Islington London Borough Council	House of Lords	Yes	[1996] AC 669	England and Wales	Cited for the principle that the court simply declares that such a trust has arisen in the past.
Ong Chai Soon v Ong Chai Koon and others	Court of Appeal	Yes	[2022] 2 SLR 457	Singapore	Cited for the principle that once a common intention between the parties has been made out, there must be detrimental reliance on the party relying on the trust.
Stack v Dowden	House of Lords	Yes	[2007] 2 AC 432	England and Wales	Cited for the principle that although an intention may be express or inferred, it may not be imputed by the court.

13. Applicable Rules

Rule Name
Rules of Court 2021

14. Applicable Statutes

Statute Name	Jurisdiction
Housing Development Act	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Resulting Trust
Constructive Trust
Beneficial Ownership
Joint Tenancy
HDB Flat
Presumption of Advancement
Inter vivos gift

15.2 Keywords

trusts
HDB flat
beneficial ownership
Singapore
property law

17. Areas of Law

Area Name	Relevance Score
Trust Law	95
Property Law	75
Succession Law	60
Family Law	30

16. Subjects

Trusts
Property Law
Housing Law