Lim Kim Toon v Lim Hwee Hoon: Resulting and Constructive Trusts, Presumption Against Gifts

In Lim Kim Toon v Lim Hwee Hoon, the High Court of Singapore heard a case between Lim Kim Toon (claimant) and his daughter, Lim Hwee Hoon (defendant), regarding four properties held in their joint names. The claimant argued that he solely owned the properties and that the defendant's name was added without his consent, thus creating a trust. The defendant contended that the properties were intended as gifts. The court, presided over by Justice Choo Han Teck, found in favor of the claimant, concluding that the defendant held her share in the properties in trust for her father. The court considered the claimant's illiteracy, his control over joint accounts, and the circumstances surrounding the property purchases.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Judgment for Claimant

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

A father, Lim Kim Toon, sued his daughter, Lim Hwee Hoon, over four properties held in joint names, claiming they belonged solely to him. The court found in favor of the father, determining the daughter held her share in trust for him.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Kim ToonClaimantIndividualJudgment for ClaimantWon
Lim Hwee HoonDefendantIndividualClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Keerthana NarayananAldgate Chambers LLC
David Ooi Tsu ChongAldgate Chambers LLC
Kenneth Jerald PereiraAldgate Chambers LLC
Low Chai ChongDentons Rodyk & Davidson LLP
Shermaine Lim Jia QiDentons Rodyk & Davidson LLP
Manfred Lum Rui LoongDentons Rodyk & Davidson LLP

4. Facts

  1. The claimant, Lim Kim Toon, is the father of the defendant, Lim Hwee Hoon.
  2. The claimant is illiterate and speaks Hokkien.
  3. The defendant has a university degree and is fluent in English.
  4. The claimant and defendant purchased four properties in their joint names.
  5. The claimant claims he solely owns the properties and the defendant's name was added without his knowledge.
  6. The defendant claims the properties were gifts from the claimant.
  7. The claimant controlled the joint bank accounts where rental proceeds were deposited.
  8. The defendant did not use the joint accounts for personal use.

5. Formal Citations

  1. Lim Kim Toon v Lim Hwee Hoon, Originating Claim No 454 of 2022, [2024] SGHC 115

6. Timeline

DateEvent
Madam Wong died
Jurong West 235 Property bought
Yishun Property bought
Boon Lay 222 bought
Jurong West 164 bought
Mount Faber property purchased in defendant's sole name
Claimant made a will
2 Dalhousie bought
Jurong West 225 bought
Joint accounts closed
Madam Wong drafted her will
Claimant asked lawyer to prepare deed of family arrangement
Defendant wrote to Tan Lee & Partners
Claimant and Lim Boon Lye removed as signatories to company's bank account
Originating Claim No 454 of 2022 filed
Trial began
Judgment reserved

7. Legal Issues

  1. Resulting Trust
    • Outcome: The court found that a resulting trust existed, with the defendant holding her share of the properties in trust for the claimant.
    • Category: Substantive
  2. Presumption of Advancement
    • Outcome: The court found that the presumption of advancement did not apply, as the evidence suggested the claimant did not intend to gift the properties to the defendant.
    • Category: Substantive

8. Remedies Sought

  1. Declaration that the defendant holds her share of the properties in trust for the claimant
  2. Order for the sale or disposal of the properties as the claimant deems fit

9. Cause of Actions

  • Breach of Trust
  • Declaration of Trust

10. Practice Areas

  • Trust Litigation
  • Real Estate Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Resulting trust
  • Joint tenancy
  • Presumption of advancement
  • Beneficial ownership
  • Right of survivorship
  • UOB Joint Account
  • DBS Joint Account
  • Four Properties

15.2 Keywords

  • trust
  • property
  • joint tenancy
  • resulting trust
  • presumption of advancement
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Resulting Trusts85
Constructive trusts80
Trust Law75
Gifts Law60
Presumption of Advancement50
Judgments and Orders20
Civil Procedure15

16. Subjects

  • Trusts
  • Real Property
  • Family Law