Ong & Ors v Ping [2017] EWCA Civ 2069 (12 December 2017)

Ong & Ors v Ping [2017] EWCA Civ 2069 (12 December 2017)

The Court held that, on an objective assessment of the correspondence and the executed trust deed, Madam Lim intended to and did declare a trust of the house at 39 Sheldon Avenue for the benefit of specified beneficiaries. The trust was sufficiently manifested and proved in writing by Madam Lim's signed letters and the executed trust deed, satisfying section 53(1)(b) of the Law of Property Act 1925.

Citation
[2017] EWCA Civ 2069
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 / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Express Trusts, Declaration of Trust, Section 53(1)(b) Law of Property Act 1925, Manifestation and Proof of Trust, Interpretation of Trust Documents
Trusts and Estates Property Law Express Trusts Declaration of Trust Section 53(1)(b) Law of Property Act 1925 Manifestation and Proof of Trust Interpretation of Trust Documents

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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 / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Madam Lim made a valid declaration of trust in respect of the house at 39 Sheldon Avenue
  2. 2 Whether the declaration of trust was manifested and proved by writing as required by section 53(1)(b) of the Law of Property Act 1925

Ratio Decidendi

The Court held that, on an objective assessment of the correspondence and the executed trust deed, Madam Lim intended to and did declare a trust of the house at 39 Sheldon Avenue for the benefit of specified beneficiaries. The trust was sufficiently manifested and proved in writing by Madam Lim's signed letters and the executed trust deed, satisfying section 53(1)(b) of the Law of Property Act 1925.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Madam Lim held the house and its proceeds on trust as per the 1985 settlement.
  • Confirmation that Ping was and continued to be a trustee on the same terms.