Post by Kelvin Low

38 Oxley Road: much ado about nothing legal. Bloomberg reports: "A long-running feud over the fate of a colonial-era house owned by Singapore’s most prominent family has become a fixture of political gossip in the city-state. The bungalow at 38 Oxley Road was the long-time residence of Singapore’s first prime minister, Lee Kuan Yew. The recent death of one of the key figures in the dispute — Lee’s daughter — has brought matters to a head, and the spat is increasingly playing itself out in public, causing potential problems for current Prime Minister Lawrence Wong. ... The house, built in 1898, is located near Singapore’s glitzy Orchard Road shopping district. Lee Kuan Yew’s will included a wish for the property to be razed; he said in a 2011 interview he sought to avoid the cost of preserving it and the risk that it would fall into disrepair. But any demolition would only happen after his daughter, Dr. Lee Wei Ling, moved out. Lee Kuan Yew died in 2015, and the daughter, a neurologist, died on Oct. 9 this year at age 69 from a brain disease. The debate over whether to carry out his request long pitted Wei Ling and her brother Lee Hsien Yang — who owns the bungalow — against their elder brother, Lee Hsien Loong, who led Singapore for nearly two decades before stepping down in May. While all three siblings had said they wanted to honor the demolition request, the two younger ones in 2017 accused their older brother, then prime minister, of maneuvering to undermine their father’s instructions, citing the existence of a ministerial committee exploring options for the property such as preservation as a monument." Let's get a few things clear. First, wishes such as these in a will are NOT legally binding on beneficiaries. So if the siblings for whatever reason decided not to honour their father's wishes, they are legally free to ignore it. Lee Kuan Yew does not appear to have made demolition a condition of the devise. Even if he did, it seems likely that the law will strike down the condition as void since the law is generally very wary of restrictions on the rights of the new owners to do with their property whatever they wished based on the wishes of a previous owner. Secondly, the wishes of an owner (or in this case, a former owner) is generally irrelevant in deciding whether to preserve or conserve property. If not, owners can just object to preservation or conservation orders which usually are financially detrimental since they prevent profitable redevelopment. In the case of 38 Oxley Road: "The plot of just over a quarter acre, or about 1,100 square meters, could be worth about S$30 million ($23 million) if the house is rebuilt after being torn down, according to Ku Swee Yong, director of realtor International Property Advisor Pte. The value would climb if building restrictions are eased and a residential tower is constructed." This may be a political hot potato but it is not one legally.