TWO brothers are set to battle it out in court over whether a 2004 or 2009 will should be recognised following their mother’s death in August.
At stake is Madam Lim Lie Hoa’s substantial estate, worth more than $25 million, including property and assets in Singapore and Indonesia.
The matriarch’s second son, Mr Ong Siauw Ping, 50, through Senior Counsel Philip Jeyaretnam, filed court papers last week seeking to affirm he is the sole executor of a will Madam Lim signed on July 9. The will, witnessed by lawyers Chan Wai Mun and Glenn Knight, is understood to have bequeathed varying portions of her estate to all three sons.
But youngest son Elton, 34, gave court notice through Senior Counsel Michael Khoo on Monday to contest this.
Madam Lim, 74, is said to have made a will in 2004 that provides for the two younger brothers and excludes eldest sibling Siauw Tjoan, 52, who is estranged from her and based in Kuala Lumpur.
Siauw Tjoan is also estranged from wife Jane Rebecca Ong, who was earlier embroiled in an 18-year-suit with Madam Lim over her share of the estate.
Elton wants the court to recognise the 2004 will as the valid one and he takes issue with the circumstances in which the 2009 will was signed. He had tried unsuccessfully to get joint management of his mother’s estate earlier this year by having the High Court declare her of unsound mind.
He was concerned about her mental condition following surgery and two hospital stays, and had a psychiatrist’s report about her being incapacitated.
Madam Lim had been ill with a brain tumour since July last year.
The showdown in court is the latest episode in the increasingly strained relationship of the two brothers.
Last month, Elton accused Siauw Ping of keeping their mother’s death under wraps. He was not informed of her death and missed the funeral. But Siauw Ping said on Thursday that there was a three- day wake and church service before their mother was cremated. It was no hushed- up event, he said.
He added that the entire proceedings were organised by Madam Lim’s younger surviving sister and Indonesian relatives when news of her death was conveyed by the family’s maid here. He said: ‘I was away in Australia at the time and returned here on being told by the maid that my mother had passed away.’
Explaining why a death notice was not placed, he added: ‘I was in a state of shock and not familiar with funeral arrangements and took the advice of my aunt in most matters concerning the funeral of my mother.’
The case is due to be brought up in the High Court next month.
Source: Straits Times, 7 Nov 2009
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