Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal

In Singapore, the Court of Appeal’s decision in Lau Siew Kim v Yeo Guan Chye Terence remains the most authoritative pronouncement on the operation of the presumptions of resulting trust and advancement, particularly in the context of joint tenanted matrimonial property. One notable, albeit often ove...

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Main Author: MAH, Ian Hao Ran
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2020
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Online Access:https://ink.library.smu.edu.sg/sol_research/3160
https://ink.library.smu.edu.sg/context/sol_research/article/5118/viewcontent/Revisiting_the_presumptions_of_resulting_trust_and_advancement_in_the_context_of_joint_tenanted_matrimonial_property_Two_innovations_by_the_Singapore_Court_of_Appeal____2020__28_APLJ_59.pdf
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spelling sg-smu-ink.sol_research-51182020-07-02T07:19:36Z Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal MAH, Ian Hao Ran In Singapore, the Court of Appeal’s decision in Lau Siew Kim v Yeo Guan Chye Terence remains the most authoritative pronouncement on the operation of the presumptions of resulting trust and advancement, particularly in the context of joint tenanted matrimonial property. One notable, albeit often overlooked, aspect of the decision is the modification of the presumption of advancement to operate like a rule of survivorship. On one view, the effect of this is to retransform the equitable tenancy in common into an equitable joint tenancy. This article identifies the doctrinal difficulties with this approach but ultimately recommends that the same result, which is merited, can be more directly achieved by employing the maxim ‘equity follows the law’. Jurisdictions seeking to formulate a coherent approach to the ever-confusing area of joint tenancy can draw from the approach taken by Singapore’s apex court. 2020-06-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/3160 https://ink.library.smu.edu.sg/context/sol_research/article/5118/viewcontent/Revisiting_the_presumptions_of_resulting_trust_and_advancement_in_the_context_of_joint_tenanted_matrimonial_property_Two_innovations_by_the_Singapore_Court_of_Appeal____2020__28_APLJ_59.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Lau Siew Kim Joint Tenancy Property Law Presumption of Resulting Trust Presumption of Advancement Equity Property Law and Real Estate
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Lau Siew Kim
Joint Tenancy
Property Law
Presumption of Resulting Trust
Presumption of Advancement
Equity
Property Law and Real Estate
spellingShingle Lau Siew Kim
Joint Tenancy
Property Law
Presumption of Resulting Trust
Presumption of Advancement
Equity
Property Law and Real Estate
MAH, Ian Hao Ran
Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal
description In Singapore, the Court of Appeal’s decision in Lau Siew Kim v Yeo Guan Chye Terence remains the most authoritative pronouncement on the operation of the presumptions of resulting trust and advancement, particularly in the context of joint tenanted matrimonial property. One notable, albeit often overlooked, aspect of the decision is the modification of the presumption of advancement to operate like a rule of survivorship. On one view, the effect of this is to retransform the equitable tenancy in common into an equitable joint tenancy. This article identifies the doctrinal difficulties with this approach but ultimately recommends that the same result, which is merited, can be more directly achieved by employing the maxim ‘equity follows the law’. Jurisdictions seeking to formulate a coherent approach to the ever-confusing area of joint tenancy can draw from the approach taken by Singapore’s apex court.
format text
author MAH, Ian Hao Ran
author_facet MAH, Ian Hao Ran
author_sort MAH, Ian Hao Ran
title Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal
title_short Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal
title_full Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal
title_fullStr Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal
title_full_unstemmed Revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: Two innovations by the Singapore Court of Appeal
title_sort revisiting the presumptions of resulting trust and advancement in the context of joint tenanted matrimonial property: two innovations by the singapore court of appeal
publisher Institutional Knowledge at Singapore Management University
publishDate 2020
url https://ink.library.smu.edu.sg/sol_research/3160
https://ink.library.smu.edu.sg/context/sol_research/article/5118/viewcontent/Revisiting_the_presumptions_of_resulting_trust_and_advancement_in_the_context_of_joint_tenanted_matrimonial_property_Two_innovations_by_the_Singapore_Court_of_Appeal____2020__28_APLJ_59.pdf
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