'Condition not met': Man fails in claim for inheritance left by grandfather to only male-line grandsons

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.

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, 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 — Julian Lim's father, Lim Peng On, and half-uncle Thomas Lim.

When the will was made, Lim Peng On was 40, while Thomas Lim was 24. They were born to different mothers who married their father through Chinese customary rites.

Lim Peng On supported his son's claim, but Thomas Lim contested it, arguing that Julian Lim did not qualify for the inheritance.

In a written judgment on Feb 27, Justice Philip Jeyaretnam dismissed the claim. He found that Julian Lim did not fulfil the condition that the beneficiary must have been in the custody, care and control of his father. 

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.

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 Julian Lim ceased to be in Mr Lim Peng On's custody, care and control before Oct 21, 2013, said the judge.

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 Thomas Lim, his mother and his two sisters, Lim Koon Yew was happy when he learnt of his grandson from Lim Peng On in February 1992, and wanted to meet the grandson.

They said Lim Peng On told his father that he was separated from his wife, but Lim Peng On disputes this.

In June 1992, Lim Koon Yew made a will.

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, 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, Julian Lim filed the present suit, arguing that he is the sole beneficiary entitled to 20 per cent of the estate.

Julian Lim, represented by 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.

Thomas Lim, represented by 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 Julian Lim, as well as future grandsons born within 21 years after Lim Koon Yew's death.

He noted that the lawyer who drafted the will testified that Lim Koon Yew told him that "the son must have the child with him".

The concern that Lim Peng On might not have custody, care and control over his son was consistent with 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 Lim Peng On had lost custody, care and control over his son before Oct 21, 2013. 

Justice Jeyaretnam rejected 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.

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