A principled and structured approach for ascertaining beneficial interests in property disputes: Chan Yuen Lan v See Fong Mun [2014] SGCA 36

• Main Author: SEE, Alvin W. L.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2014
• Subjects: Estates and Trusts; Property Law and Real Estate
• Online Access: https://ink.library.smu.edu.sg/sol_research/1987; https://ink.library.smu.edu.sg/context/sol_research/article/3939/viewcontent/20140806_Alvin_See_A_Principled_and_Structured_Approach_For_Ascertaining_Beneficial_Interests_in_Property_Disputes_Chan_Yuen_Lan_v_See_Fong_Mun__2014__SGCA_36.pdf
• Institution: Singapore Management University

In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Court of Appeal provided important clarifications about the relationship between a resulting trust and a common intention constructive trust for the purpose of ascertaining beneficial interests in cases of property dispute. This issue, which has attracted much speculations, was left open in Lau Siew Kim v Yeo Guan Chye Terence [2007] SGCA 54 where the same court merely confirmed the continued relevance of the twin presumptions of resulting trust and advancement.