Friday 2 October 2009

Brothers lose bid to block sister’s inheritance


Duo claimed father would not have given her the $2.9 million as they were on bad terms

2 comments:

Guanyu said...

Brothers lose bid to block sister’s inheritance

Duo claimed father would not have given her the $2.9 million as they were on bad terms

By K.C. Vijayan
01 October 2009

Unhappy that their father left a $2.9 million inheritance to their less successful sister, two brothers - one a doctor and the other an accountant - took her to court to block the move.

They claimed that their father, Mr. Ng Cheong Choy, would not have left the cash to their sister - a retired bank clerk - as she had a bad relationship with him.

However, the late banker’s lifelong lawyer and friend, Mr. Dominic Puthucheary, told the High Court that the patriarch had told him privately he was disappointed with his sons, and had willed the sum of money to his only daughter.

Justice Lee Seiu Kin, in a written judgment released yesterday, dismissed the brothers’ claim and allowed Ms. Ng Mei Ling, 59, to keep her share of her father’s estate.

The judge peppered his judgment with some sobering words, pointing to how a pot of money meant to bring happiness had turned into a ‘legacy of heartbreak’. Justice Lee said the relationship between the three siblings could have been normal, or even warm, until money came into the picture.

Mr. Ng, who was based in Kuala Lumpur upon retirement, died two years ago at age 90. His wife and eldest son Edwin were already dead then. Mr. Ng left a $6 million fortune in property, shares and cash. In his will, he gave each of his two sons a quarter of his estate and the remaining half to Ms. Ng.

His two sons, Dr Roy Ng, 55, and Mr. Wilfred Ng, 51, did not contest the way their father had wanted his estate divided. However, they disputed their sister’s claim that their father had given her NZ$2.8 million (S$2.9 million), deposited in a bank account here, two weeks before he died.

The two brothers felt this sum should have been included in the pie before it was split among the siblings. This would have given each of the men about $725,000 more. The brothers - through their lawyers from Rajah & Tann - argued that their father would not have given that sum of money to Ms. Ng, based on his attitude and relationship with his children.

Guanyu said...

The two brothers claimed that the bad blood between Ms. Ng and their parents dated back to the 1970s, when she continued an affair with a married man for 12 years. In 1978, she let her parents down when she married another man against their wishes. The union lasted just one year, the brothers said. They added that she was unpleasant to live with and their father had often complained to them about this.

In contrast, it was pointed out that the late Mr. Ng was proud of Dr Ng, a prominent consultant gynaecologist here, for his achievements in his medical practice, as well as Mr. Wilfred Ng, who was an established accountant based in Kuala Lumpur.

But Mr. Puthucheary said Mr. Ng felt hurt and humiliated by his sons and their wives. Mr. Ng had told Mr. Puthucheary once he had not felt welcome when he visited Dr Ng in Glasgow, and had to stay at a hotel.

On another occasion, Mr. Ng was not welcome to stay in Mr. Wilfred Ng’s house after he had gone there to watch a live football match as the television set in his own house had broken down.

Justice Lee noted that despite the brothers’ denials of these claims, it showed Mr. Ng’s ‘strong feelings of disappointment in his sons’.

Mr. Ng had told his lawyer his sons ‘called him only about money and never inquired after his health’. He had also not complained about Ms. Ng to the lawyer and only worried about her future. Ms. Ng, represented by lawyer Adrian Tan from Drew & Napier, had also testified that she had helped look after him since 1989 when she returned to live with him.

The two brothers have brought up a separate case against their sister in the High Court in KL involving RM1.84 million (S$749,000) of their father’s assets.