Man fails in claim for inheritance left by grandfather to only male-line grandsons

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.

- Selina Lum

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.

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.