Publication Type
Journal Article
Version
publishedVersion
Publication Date
6-2020
Abstract
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.
Keywords
Lau Siew Kim, Joint Tenancy, Property Law, Presumption of Resulting Trust, Presumption of Advancement, Equity
Discipline
Property Law and Real Estate
Research Areas
Private Law
Publication
Australian Property Law Journal
Volume
28
Issue
2
First Page
59
Last Page
74
ISSN
1038-5959
Publisher
LexisNexis Australia
Embargo Period
6-1-2022
Citation
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
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.