Broken kinship: family property disputes and the common intention constructive trust in Singapore.

The article focuses on the application and development of the common intention constructive trust doctrine in Singapore, particularly in familial property disputes involving parents, offspring, and siblings. Unlike its English origin—primarily addressing cohabiting couples—the doctrine in Singapore is used mainly to resolve broken kinship disputes where family property was acquired collectively without clear individual entitlements. The article critiques the existing six-step legal framework established in Chan Yuen Lan v See Fong Mun, proposing a simplified three-stage analysis centered on the actual intentions of the parties, including whether a gift or express trust was intended, before considering resulting trusts. It also highlights Singapore’s stricter evidentiary standards for inferring common intention compared to English law, attributing this to judicial caution about vague familial expectations and hearsay evidence. Additionally, the article discusses the complex interaction between equitable doctrines and statutory regimes, such as the Housing and Development Act, in the context of public housing disputes.