Family property disputes in Singapore

Publication Type

Book Chapter

Publication Date

6-2024

Abstract

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’.

Keywords

Family property, Common intention constructive trust, Resulting trust, Socio-economic factors, Cultural values, Governmental policies, Singapore

Discipline

Asian Studies | Family Law | Property Law and Real Estate

Research Areas

Public Interest Law, Community and Social Justice

Publication

Research Handbook on Family Property and the Law

Editor

Margaret Briggs, & Andy Hayward

First Page

480

Last Page

494

ISBN

9781802204674

Identifier

10.4337/9781802204681.00041

Publisher

Edward Elgar

City or Country

Chelterham

Additional URL

https://doi.org/10.4337/9781802204681.00041

This document is currently not available here.

Share

COinS