In Lau Sheng Jan Alistair v Lau Cheok Joo Richard and Sng Gek Hong Cynthia [2023] SGHC 196, the applicant, the sole beneficiary of an irrevocable trust created by his parents over landed property, sought to terminate the trust and have the trust property transferred to him from his parents on the basis that he was an adult of full age, the sole beneficiary of the trust and did not suffer from any mental disability. His application was supported by his mother, the second respondent, but opposed by his father, the first respondent, who alleged that the trust was a sham instrument used by the parents to avoid payment of Additional Buyers' Stamp Duty.
Our Chan Yu Xin and Andrea Ang successfully represented the second respondent who, together with the applicant, stood in opposition to the first respondent before the General Division of the High Court of Singapore (High Court).
This update takes a look at the decision of the High Court, which found in favour of the applicant and second respondent and clarified the legal test for the doctrine of illegality in the context of trusts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
