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Article
Proposed improvements to the division of the parties' beneficial interests beyond the Women's Charter: Chan Yuen Lan v See Fong Mun
Singapore Academy of Law Journal (2015)
  • Jonathan Muk, Singapore Management University
Abstract

In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Singapore Court of Appeal had the opportunity to consider its approach towards ascertaining the parties’ beneficial interests under the common law. It took the opportunity to revist its earlier decision of Lau Siew Kim v Teo Guan Chye Terence [2008] 2 SLR(R) 108 and establish an approach for future cases. It is submitted that the CA’s approach could have gone further to first, establish the common intention constructive trust analysis as the starting point for ascertaining beneficial interests under the common law, second, reform the presumption of advancement and third, pave the way for a greater role to be played by non-financial contributions in ascertaining the parties’ beneficial interests.

Keywords
  • Resulting trusts,
  • constructive trusts,
  • presumption of advancement
Publication Date
March 31, 2015
Citation Information
Jonathan Muk. "Proposed improvements to the division of the parties' beneficial interests beyond the Women's Charter: Chan Yuen Lan v See Fong Mun" Singapore Academy of Law Journal Iss. 27 (2015)
Available at: http://works.bepress.com/jonathan_muk/2/