Family property disputes in Singapore

• Main Author: YIP, Man
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Family property; Common intention constructive trust; Resulting trust; Socio-economic factors; Cultural values; Governmental policies; Singapore; Asian Studies; Family Law; Property Law and Real Estate
• Online Access: https://ink.library.smu.edu.sg/sol_research/4512
• Institution: Singapore Management University

In Singapore, the idea of ‘family property’ has a wider understanding socially by reason of intergenerational dependence. The local courts are frequently confronted with family property disputes between parents and their adult children or between siblings. In a number of recent cases, a communitarian approach towards assets acquired by individual family members may be observed. This chapter focuses on family property disputes outside of the context of termination of marriage. It argues that the English doctrines of resulting trust and pre-Stack v Dowden common intention constructive trust, which were adopted into Singapore law, have been progressively adapted to suit the Singaporean context. This chapter considers the ‘context’ at two distinct levels: first, by considering the types of family relationships and family property that dominate the Singapore disputes; and second, by identifying the governmental policies, cultural values and socio-economic factors that shape the Singaporean understanding of ‘family’ and ‘family property’.