SINGAPORE – A 75-year-old businessman made a will in 1992, bequeathing 20 per cent of his estate to grandsons born to his sons – but not his daughters – within 21 years of his death.
Mr Lim Koon Yew further restricted this to grandsons in the custody, care and control of his sons. He died later that year.
Thirty years later, Mr Julian Frederick Lim, who was 10 years old when his grandfather died, started court action to stake his sole claim to the 20 per cent share of the estate.
The High Court suit was brought against the two executors of the estate – Mr Julian Lim’s father, Mr Lim Peng On, and half-uncle Thomas Lim.
When the will was made, Mr Lim Peng On was 40, while Mr Thomas Lim was 24. They were born to different mothers who married their father through Chinese customary rites.
Mr Lim Peng On supported his son’s claim, but Mr Thomas Lim contested it, arguing that Mr Julian Lim did not qualify for the inheritance.
In a written judgment on Feb 27, Justice Philip Jeyaretnam dismissed the claim. He found that Mr Julian Lim did not fulfil the condition that the beneficiary must have been in the custody, care and control of his father.
Get a round-up of the top stories to start your day
Thank you!
Sign up
By signing up, I accept SPH Media's Terms & Conditions and Privacy Policy as amended from time to time.
Yes, I would also like to receive SPH Media Group's SPH Media Limited, its related corporations and affiliates as well as their agents and authorised service providers.
marketing and promotions.
The estate’s value was not stated in the judgment.
The judge said the relevant date to determine whether this condition was met is Oct 21, 2013, which is 21 years after the patriarch’s death.
Mr Julian Lim’s mother was granted a divorce on Oct 22, 1999, and awarded sole custody of the son, who was then one month shy of 18.
Thus, the condition was not met because Mr Julian Lim ceased to be in Mr Lim Peng On’s custody, care and control before Oct 21, 2013, said the judge.
Mr Lim Peng On used to live in Japan with his family. He moved to Singapore in January 1992 without his wife and son.
According to Mr Thomas Lim, his mother and his two sisters, Mr Lim Koon Yew was happy when he learnt of his grandson from Mr Lim Peng On in February 1992, and wanted to meet the grandson.
They said Mr Lim Peng On told his father that he was separated from his wife, but Mr Lim Peng On disputes this.
In June 1992, Mr Lim Koon Yew made a will.
When siblings fight over inheritance years after parents’ death
Tips to prevent families from clashing over wills
One of the clauses stated that 20 per cent of his estate was to be shared equally by his surviving grandsons born to his sons within 21 years of his death.
In September 1992, the patriarch told his lawyer to draft a supplementary document to clarify that only grandsons in the custody, care and control of his sons can qualify.
He signed the document shortly before he had elective surgery on Oct 20, 1992. He died the next day in hospital.
In December 1993, Mr Julian Lim’s mother left Japan to live in Hong Kong, while he remained in Japan. She filed for divorce on May 10, 1999. A Hong Kong court granted the divorce and awarded her custody of the son on Oct 22, 1999.
On Aug 31, 2022, Mr Julian Lim filed the present suit, arguing that he is the sole beneficiary entitled to 20 per cent of the estate.
Mr Julian Lim, represented by Mr Terence Seah, argued that he fell within the category of male-line grandsons.
He also argued that he was in his father’s custody, care and control on the relevant date, which he contended was the date of the patriarch’s death on Oct 21, 1992.
Mr Thomas Lim, represented by Mr Tng Soon Chye, argued that the will refers to grandsons born within 21 years after the patriarch’s death.
Justice Jeyaretnam concluded that the will covers both existing grandsons, such as Mr Julian Lim, as well as future grandsons born within 21 years after Mr Lim Koon Yew’s death.
He noted that the lawyer who drafted the will testified that Mr Lim Koon Yew told him that “the son must have the child with him”.
Not having a will can cause family problems
Finances and care of loved one are main issues behind LPA disputes
The concern that Mr Lim Peng On might not have custody, care and control over his son was consistent with Mr Lim Koon Yew’s apparent preference for succession by the male line, said the judge.
He said it is clear from the divorce proceedings that Mr Lim Peng On had lost custody, care and control over his son before Oct 21, 2013.
Justice Jeyaretnam rejected Mr Julian Lim’s argument that the condition did not apply to him as at that date, because he was an adult by then.
The condition means that, to be eligible to inherit, adult male-line grandsons must have been in the custody, care and control of their fathers when they were minors, said the judge.
Unlock unlimited access to ST exclusive content, insights and analyses
ST One Digital - Annual
$9.90 $4.95 /month
Get offer
$59.40 for the first year and $118.80 per year thereafter.
ST One Digital - Monthly
29.90 $9.90 /month
Subscribe today
No lock-in contract
Unlock more knowledge, unlock more benefits
New feature: Stay up to date on important topics and follow your favourite writers with myST All subscriber-only content on ST app and straitstimes.com Easy access any time via ST app on one mobile device
Join ST's WhatsApp Channel and get the latest news and must-reads.
WILLS, INHERITANCE Singapore courts
Facebook Telegram More Whatsapp Linkedin Twitter FB Messenger Email Print Purchase Article Copy permalink https://str.sg/wyZbg
Read this subscriber-only article for free!
Just sign up for a free account and log in to continue reading.
Man fails in claim for inheritance left by grandfather to only male-line grandsons
Sign up
Already have an account? Log in.
All done! This article is now fully available for you
Man fails in claim for inheritance left by grandfather to only male-line grandsons
Read now
Please verify your e-mail to read this subscriber-only article in full
Man fails in claim for inheritance left by grandfather to only male-line grandsons
Resend verification e-mail
The gift link for this subscriber-only article has expired.
Get unlimited access to all stories at $0.99/month for the first 3 months.
Subscribe now
You have reached your limit of subscriber-only articles this month.
Get unlimited access to all stories at $0.99/month for the first 3 months.
Subscribe now
Read and win!
Read 3 articles and stand to win rewards
Let's go! Terms & conditions apply
Frequently asked questions
Good job, you've read 3 articles today!
Spin the wheel now
Let's go! Terms & conditions apply
Frequently asked questions