SJLS-logo-2

SINGAPORE JOURNAL OF LEGAL STUDIES

transparent
transparent

  • Journal Result

  • Case and Legislation Notes

    The Doctrine of Mutual Wills in Singapore: Case Comment – VTL v VTM

    Citation: [2022] Sing JLS 213
    In VTL v VTM [2021] SGHCF 30 ("VTL v VTM"), the Singapore High Court had the opportunity to consider the application of the rarely-invoked mutual wills doctrine. The court gave effect to the mutual wills by holding that a subsequent will was invalid and revoking the grant of probate that had been obtained by the executors of that subsequent will. The court in so doing departed from the orthodox understanding that a mutual will takes effect by imposing a constructive trust over the relevant property, rather than by rendering a subsequent will invalid. This comment reviews the law on mutual wills in Singapore and elsewhere, and suggests that VTL v VTM was a missed opportunity to unpack some of the thorny issues that have yet to be resolved in relation to the doctrine.
  • Case and Legislation Notes

    The Pari Passu Principle in Judicial Management: Re Wan Soon Construction Pte Ltd

    Citation: [2006] Sing JLS 213
  • Case and Legislation Notes

    Article 9(1) and Fundamental Principles of Natural Justice in the Constitution of Singapore

    Citation: [1981] Sing JLS 213
  • Case and Legislation Notes

    Case of the Forged Painting: Harlingdon & Lienster Enterprises Ltd. v. Christopher Hill Fine Art Ltd.

    Citation: [1991] Sing JLS 216
  • Case and Legislation Notes

    Marley v. Rawlings: Reflections from Singapore

    Citation: [2014] Sing JLS 218
    The recent U.K. Supreme Court decision in Marley v. Rawlings, concerning the rectification of a will pursuant to English legislation, raises two points of reflection for Singapore law. These points arise not from the ratio of the case, which was decided on a narrow legislative basis, but from the well-considered obiter dicta contained in Lord Neuberger's judgment.
  • Case and Legislation Notes

    The Constitution and the Reception of Customary International Law: Nguyen Tuong Van v. Public Prosecutor

    Citation: [2005] Sing JLS 218
  • Case and Legislation Notes

    Compensating Victims of Crime in Singapore

    Citation: [1984] Sing JLS 219
  • Case and Legislation Notes

    The State and The Federation: Forum and Standing in Federal-State Constitutional Disputes: Sabah Law Society v Government of Malaysia Attorney General, Malaysia v Sabah Law Society

    Citation: [2025] Sing JLS 220
    First view: [Mar 2023 Online] Sing JLS 1-12
    This Note discusses the application for judicial review initiated by the Sabah Law Society in respect of special grant reviews and payments between the Federation of Malaysia and the State of Sabah under Articles 112C and 112D of the Malaysian Federal Constitution. It is argued that the Malaysian High Court in granting leave to commence judicial review proceedings, and the Court of Appeal in upholding the High Court’s decision, ought to have considered whether the rights of the State of Sabah could be enforced by the Sabah Law Society in judicial review proceedings before the High Court. The Note concludes that any dispute on the special grant ought to be resolved in proceedings between the Federation and the State concerned and falls within the exclusive and original jurisdiction of the Malaysian Federal Court.
  • Case and Legislation Notes

    Case and Legislation Notes: Tax Avoidance by Professionals: Where are We with Wee Teng Yau? – Wee Teng Yau v Comptroller of Income Tax

    Citation: [2021] Sing JLS 220
    Wee Teng Yau represents the first case on tax avoidance by professionals to come before the Supreme Court. This note attempts to reconcile the judgments of the High Court and the Income Tax Board of Review, which both made findings that the taxpayer had engaged in tax avoidance, but which approached the case rather differently on some points. Apart from a clear rejection of the "personal exertion" principle as having no legal basis under Singapore law, it appears that the common conclusion is that professionals incorporating a company would not constitute tax avoidance in itself, but if this was coupled with the paying of an artificially low level of remuneration to the same practicing professional, this might well constitute tax avoidance.
  • Case and Legislation Notes

    Protection of Foreign Traders’ Rights in their Trade Marks Registered outside Singapore_x000D_ R.H. Macy & Co. Inc. v Trade Accents

    Citation: [1992] Sing JLS 221