TAN CHWEE LIAN v NG PEH WAH

[2023] SGHC 121 High Court (General Division) 10 May 2023 HC/OA 25/2023 ( HC/SUM 617/2023 )

7 cases cited

Key facts

Court	High Court (General Division)
Decided	10 May 2023
Judge	Valerie Thean
Charges / claim	Trusts, Civil Procedure
Counsel	Alpha Law LLC, Lawrence Chua Practice LLC, Lei Chee Kong Thomas, Yap Bock Heng Christopher

Source: [2023] SGHC 121, High Court (General Division), decided 10 May 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Trusts — Constructive trusts Civil Procedure — Originating processes Trusts — Resulting trusts — Presumed resulting trusts

Practice Areas

Trusts Civil Procedure

Judges (1)

Valerie Thean Delivered

Counsel (4)

Alpha Law LLC Firm

Lawrence Chua Practice LLC Firm

Lei Chee Kong Thomas Counsel for the claimant

Yap Bock Heng Christopher Counsel for the defendant

Parties (2)

Ng Peh Wah Defendant

Tan Chwee Lian Claimant

Case Significance

Tan Chwee Lian v Ng Peh Wah [2023] SGHC 121 is a grounds of decision of Valerie Thean J in the General Division of the High Court, delivered on 10 May 2023 in Originating Application No 25 of 2023 and Summons No 617 of 2023. The claimant, described as the Mother, aged 92 and not literate in English, sought the return of money held jointly with her daughter in two accounts opened on 14 December 2022 on a "both to sign" basis. The Mother said she did not fully understand the arrangement, preferring an "either to sign" arrangement, and applied for a declaration that the Daughter held the monies on trust. The judgment concerns presumed resulting trusts and constructive trusts.

Summary

A 92-year-old mother, not literate in English, applied for the return of money held in two UOB joint accounts opened with her daughter under a 'both to sign' arrangement, claiming the daughter held the funds on trust. The issue was whether the mother intended to benefit the daughter or whether a resulting or constructive trust arose. The High Court found the evidence showed no intention to benefit the daughter, granted a declaration of resulting trust, severed the joint tenancy, and ordered the funds returned with interest.

What was Tan Chwee Lian v Ng Peh Wah [2023] SGHC 121 about?

Valerie Thean J heard the Mother's application, aged 92 and not literate in English, for the return of money held in two joint accounts opened with her daughter on 14 December 2022 on a "both to sign" basis. The grounds of decision were delivered on 10 May 2023.

What trust issues did Tan Chwee Lian v Ng Peh Wah [2023] SGHC 121 raise?

The case concerned presumed resulting trusts and constructive trusts, arising from the Mother's claim that her daughter held on trust the monies in two joint UOB accounts, which the Mother said she had not understood would be under a "both to sign" arrangement or devolve to her daughter.