Article on Resulting Trusts and Matrimonial Realty
Yock Tin Lan (Professor of Law, National University of Singapore) recently published his article entitled, ‘Matrimonial’ Realty Under A Resulting Trust, Singapore Journal of Legal Studies, 89, July 2011. The abstract available on SSRN is below:
Implicating a cross-section of property and familial policies, the question of when and whether a spouse acquires a resulting trust interest in realty jointly occupied with another spouse is one of the emotive questions of our times. This article examines the merits of a conventionalistic conception of the resulting trust against competing dogmatic and intentionalistic conceptions, and concludes that it furnishes a better resolution of the impinging policies. As the Court of Appeal decision in Lau Siew Kim is a foremost example of the conventionalistic analysis, attention is focused on various aspects of the decision with a view to defending it against the mixed reception it has received hitherto.