JULIAN FREDERICK YU LIM V LIM PENG ON & ANOR

JULIAN FREDERICK YU LIM V LIM PENG ON & ANOR

Clause 5 of the Will was properly construed to include both surviving male-line grandsons born before the Testator's death and male-line grandsons born within 21 years after his death; the Codicil Clause 1(i) requires that qualifying grandsons have remained in the custody and in the care and control of the...

Source-derived case information.

Citation
[2024] SGHC 53
Parties
Claimant (grandson and Proposed Beneficiary): Julian Frederick Yu Lim; First Defendant (executor and Trustee; Father of Claimant): Lim Peng On; Second Defendant (executor and Trustee; Contesting Beneficiary Qualification): Lim Toong Cheng Thomas
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
27 February 2024
Case Number
HC/OC 233/2022
Procedural Posture
Originating Claim No 233 of 2022 (will and Codicil Interpretation; Succession) / Trial Judgment (determination of Beneficiary Entitlement)
Outcome
Claim dismissed. Claimant is not a qualifying beneficiary under the Will read with the Codicil.
Legal Topics
Will Construction, Codicil Interpretation, Beneficiary Qualification, Custody Care and Control, Admissibility of Hearsay (s 32 EA 1893)
Source Language
english
Succession and Wills Probate Trusts Evidence Will Construction Codicil Interpretation Beneficiary Qualification Custody Care and Control +1 more

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Parties

Julian Frederick Yu Lim

Claimant (grandson and Proposed Beneficiary)

Lim Peng On

First Defendant (executor and Trustee; Father of Claimant)

Lim Toong Cheng Thomas

Second Defendant (executor and Trustee; Contesting Beneficiary Qualification)

Procedural Posture

Originating Claim No 233 of 2022 (will and Codicil Interpretation; Succession) / Trial Judgment (determination of Beneficiary Entitlement)

Legal Issues

  1. 1 Whether claimant falls within class of beneficiaries in Clause 5 of the Will
  2. 2 Meaning of phrase 'custody, care and control' in Codicil Clause 1(i)
  3. 3 Proper date for determining satisfaction of the custody/care/control condition

Ratio Decidendi

Clause 5 of the Will was properly construed to include both surviving male-line grandsons born before the Testator's death and male-line grandsons born within 21 years after his death; the Codicil Clause 1(i) requires that qualifying grandsons have remained in the custody and in the care and control of the Testator's sons during their minority, and the relevant date to determine satisfaction of that condition is 21 years after the Testator's death (the date on which the class closes); claimant failed to prove on the balance of probabilities that he met that condition (custody and care and control was lost by at least 22 October 1999), and the hearsay statements from the Hong Kong divorce...

Court Disposition

Claim dismissed. Claimant is not a qualifying beneficiary under the Will read with the Codicil.

Orders

  • Claim dismissed and originating claim HC/OC 233/2022 dismissed on merits
  • Evidence from Hong Kong divorce petition (statements of claimant's mother) excluded for non-compliance with O 15 r 16(7) ROC 2021 and s 32 EA 1893