Soh Siew Yoke v Ching Kwong Yew and Others

• Jurisdiction: Singapore
• Judge: Chua F A J
• Judgment Date: 01 March 1991
• Neutral Citation: [1991] SGHC 37
• Court: High Court (Singapore)
• Published date: 21 March 2013
• Year: 1991
• Plaintiff Counsel: Charles Mendis
• Defendant Counsel: Cheng Tim Pin,Chung Kah Gay,Eric Ching Seck Meng (3rd Defendant) in person
• Citation: [1991] SGHC 37

Judgment:

CORAM; F A CHUA J

GROUNDS OF DECISION

By this Originating Summons the plaintiff, Soh Siew Yoke, the widow of Ching Kwong Kuen, seeks the following order:

"An order that such reasonable financial provision as this Honourable Court thinks fit be made for the Plaintiff out of the nett estate of the estate of the abovenamed Ching Kwong Kuen also spelt as Chang Kwong Kuen, deceased."

Ching Kwong Kuen (the deceased) died on the 23rd August, 1985. The first and second defendants are the brothers of the deceased. The third and fourth defendants are the sons of the plaintiff by the deceased.

The plaintiff had obtained a Decree Nisi on the 5th October, 1984, in Divorce No 608 of 1982 and at the date of deceased's death, the hearing of the plaintiff's claim for a division of the matrimonial property was already in progress. Arguments had been heard by A P Rajah J who wanted two properties viz No 5 Wimborne Road and No 46 Nassim Road valued before giving his decision. Unfortunately for the plaintiff, the deceased died before the adjourned hearing to be held on the 20th September, 1985.

The deceased left nothing to the plaintiff in his Will dated the 24th November, 1984, which was made after divorce proceedings had been commenced.

In consequence of the death of the deceased, the plaintiff has to make a claim under Section 3(1) of the Inheritance (Family Provision) Act Cap 35. Hence the present Originating Summons.

The plaintiff and the deceased were married in 1959 according to Chinese customary marriage. Three children were born to them:

(a) Lena Ching Kah Pick born on 13th January, 1962; (b) Eric Ching Seck Meng, the third defendant, born on the 4th June, 1963; and (c) Paul Ching Chew Weng, the fourth defendant, born on the 31st January, 1971.

The plaintiff say that on the 26th May, 1977, she was forced by the conduct of the deceased to leave the matrimonial home at No 46 Nassim Road, Singapore, and her daughter, Lena Ching, followed her. She made an application for maintenance for herself and Lena in the Maintenance Court in Maintenance Summons No 823 of 1977. The deceased strenuously denied that the plaintiff was ever his wife. The

Magistrate after a trial which lasted thirteen days held that the plaintiff was the wife and ordered the deceased to pay maintenance of $1,500 pm and $1,000 pm for the plaintiff and Lena respectively. The deceased appealed against the Magistrate's decision but his appeal was dismissed by the High Court (District Court Appeal No 2 of 1979).

On the 10th May, 1982, the deceased commenced divorce proceedings against the plaintiff in the High Court (Divorce No 608 of 1982) to which the plaintiff filed an Answer and Cross-Petition. A Decree Nisi was made on the plaintiff's Cross-Petition by Rajah J on the 5th October, 1984.

By his Will dated the 24th November, 1984, the deceased appointed his niece, Ching Pui Sim and his two brothers, Ching Kwong Yew and Ching Kwong Kee as his executrix and executors and trustees and subject to gifts of $1,000 to his daughter, Lena Ching Kah Pick and $30,000 to his niece Ching Pui Sim and the three education funds stated therein, the balance is to be divided between his sons Eric Ching Seck Meng and Paul Ching Chew Weng in proportions of 10% and 90% respectively and distribution is to be made when they reach the age of thirty years old.

Probate was granted to Ching Kwong Yew and Ching Kwong Kee on the 18th April, 1986. Ching Pui Sim, the executrix named in the Will, had renounced Probate thereof.

The Schedule of Assets annexed to the Grant of Probate disclosed assets of the estate valued at $1,691,559.33 and nett value at $1,183,908.50.

The plaintiff say that the assets of the deceased as disclosed in the Schedule of Assets is not a true indication of the deceased's real wealth. She alleges that the deceased had been trying to hide and dissipate his assets for some time in an endeavour to reduce her claim.

In her affidavits filed in these proceedings and in the divorce proceedings, the plaintiff has set out the various assets which the deceased had allegedly disposed of at ridiculous prices and which the plaintiff says were not genuine sales. The main ones are these:

(a) A half share of No 5 Wimborne Road which the deceased allegedly sold to K.K. Holdings Pte Ltd on 28th March, 1983, for $350,000 but which was valued

by a firm of Valuers,pursuant to the order of Rajah J, to be worth as at 28th March, 1983, $750,000 and as at 5th October, 1984, to be worth $700,000. No 5 Wimborne Road was purchased by the deceased and his sister Ching Siew Chun in 1964 for $120,000. K. K. Holdings Pte Ltd which bears the deceased's initials "K.K." has a nominal capital of $100,000 and a paid-up capital of $4. The deceased's niece Ching Pui Sim holds two shares of $1 each and the deceased's sister Ching Siew Ting and brother...