Judge Throws Out Mother's Claim Against Son

Source : The Straits Times, Nov 27, 2007

WHEN a shipping tycoon died in 2001, he left more than $10 million in assets to only one of his eight children - his favourite son.

Angry at being left out, his 82-year-old wife, two of his children and three grandsons went to court.

Madam Low Ah Cheow and three of the siblings are now living in the family house at Wiltshire Road.

They claimed that, despite his will, Mr Ng Teow Yhee, the patriach, had created secret trusts giving them the family house, shares in his estate and specific cash amounts.

But the High Court dismissed their claims, holding their evidence to be unreliable and 'fraught with inconsistencies.'

In a judgment published on Tuesday, Justice Woo Bih Li noted that it was 'unusual for a man to give his entire estate beneficially to one child out of many children.'

But Mr Sebastian Ng, 50, to whom the estate was given, had said it was because patriach Ng Teow Yhee was 'fed-up with the rest of the children as well as his wife.'

The judge said it was not for Sebastian to justify why he was given everything under the will, but for the other claimants to show that what he received was subject to the oral gifts sought by them to be legally enforced.

Justice Woo held they had failed to do this.

It emerged that Sebastian had become Mr Ng's favourite son at the time the will was executed and when he died in April 2001.

Two of his other sons, Ricky and Sunny had gambled heavily and a third, Raymond, had also squandered away money, said Sebastian, who was represented by lawyers Ling Tien Wah and Koh Jiaying from Rodyk & Davidson.

Raymond had also looked to the patriach for financial help and their mother, Madam Low, spoilt her children and often asked her husband to bail them out.

This apparently strained the relationships between Mr Ng and his wife and other children - up till the time he died.

The judge found there was evidence to support this, but in any event, the late patriach who made a fortune in shipping and stevedoring services, had provided for his family members by giving them homes and vehicles.

They also drew salaries from his subsidiary firm. His four sons and wife also held shares in the patriach's holding company.

Madam Low and the other plaintiffs, through their lawyers Andre Arul and Chung Ping Shen, disputed Sebastian's depiction of their relationship with Mr Ng and countered that he was a gambler who hid important information from them.

The judge cast doubts on this and held, among other things, that if he was a squanderer, Mr Ng would not have been close to him.

'Although Sebastian has not been entirely truthful, neither have the plaintiffs on whom the burden of proof lies.'

'I am of the view that Mr Ng gave his entire estate to Sebastian on the expectation that Sebastian would do right by the other family members,' said Justice Woo.

Reacting to the outcome, Sebastian said he felt sad that his mother and his siblings had opted to sue him through a trial lasting over 30 days.

'I am glad and happy that the court has found no truth in the claims against me, but it is unfortunate that what is a private family dispute has become such a public matter,' he said.

He added that he wanted to make up with his mum and siblings.

On the court's judgement, contesting sibling Angeline Ng, 51, said on Tuesday: 'We are discussing the judgment with our family members and lawyers to decide what to do next.'