From: Colin Liew <colinliew@gmail.com>
To: ODG <obligations@uwo.ca>
Date: 27/06/2014 15:11:18 UTC
Subject: SGCA on trusts of the family home

Dear all,

Some may be interested in the judgment of the Singapore Court of Appeal in Chan Yuen Lan v See Fong Mun [2014] SGCA 36 concerning what are sometimes referred to as trusts of the family home, and which examines the leading UK cases of Stack v Dowden and Jones v Kernott in some detail. 

The Singapore position now appears to be (at [160]) that a resulting trust analysis should be the starting point, but that this might be rebutted by evidence of the parties' intentions in favour of an express trust, "common intention" constructive trust, or gift, and with an "equity follows the law" approach as a fall-back position.

Kind regards,
Colin