Ong & Ors v Ping

Ong & Ors v Ping

Madam Lim's execution of the trust deed, read in light of the correspondence with her solicitor, evidenced an intention to subject the house to the trusts of the settlement. The declaration of trust was valid and was manifested and proved by writing signed by Madam Lim, satisfying section 53(1)(b) Law of Property Act 1925.

Parties
Claimant/respondent: Jane Rebecca Ong; Claimant/respondent: Alexander Ong; Claimant/respondent: Nicholas Ong; Claimant/respondent: Jordana Ong; Defendant/appellant: Ong Siauw Ping
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Declaration of Trust, Section 53(1)(b) Law of Property Act 1925, Manifestation and Proof of Trust, Beneficial Ownership, Discretionary Trust, Capital Transfer Tax
Trusts and Property Law Declaration of Trust Section 53(1)(b) Law of Property Act 1925 Manifestation and Proof of Trust Beneficial Ownership Discretionary Trust Capital Transfer Tax

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jane Rebecca Ong

Claimant/respondent

Alexander Ong

Claimant/respondent

Nicholas Ong

Claimant/respondent

Jordana Ong

Claimant/respondent

Ong Siauw Ping

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Madam Lim made a valid declaration of trust in respect of the house
  2. 2 Whether the declaration was manifested and proved by writing signed by Madam Lim as required by section 53(1)(b) Law of Property Act 1925

Ratio Decidendi

Madam Lim's execution of the trust deed, read in light of the correspondence with her solicitor, evidenced an intention to subject the house to the trusts of the settlement. The declaration of trust was valid and was manifested and proved by writing signed by Madam Lim, satisfying section 53(1)(b) Law of Property Act 1925.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Madam Lim held the house, its proceeds of sale, and related rights upon the trusts declared in the settlement dated 14 December 1985.
  • Declaration that Ong Siauw Ping was and continued to be a trustee of the house, its proceeds and other rights on the same trusts and terms.