Widow in alleged sham marriage was left nothing in late husband's will, sues but loses
Madam He Hongyan argued that the will - which left everything to her late husband's half-sister - was forged, made under undue influence or while her husband was not in the right mind.
File photo of the Family Justice Courts. (Photo: CNA/Lydia Lam)
SINGAPORE: After a 69-year-old man died, he left nothing to his foreign widow in his will, instead leaving everything to his half-sister.
The Chinese widow, Madam He Hongyan, launched a claim against her late husband's half-sister and executor of the will, stating that the will is invalid.
She gave three reasons for the invalidity: Her late husband must have signed it while of unsound mind or memory; the will was forged; or it was made under "suspicious circumstances" or undue influence.
She also alleged that her late husband's siblings "acted with hostility" towards her, bringing reporters to the matrimonial home unannounced to report that the marriage was a sham, which she said was false.
However, a family court threw out Mdm He's claim on Feb 16.
THE CASE
Mdm He married Mr Ng Chin Sue in 2013. She has a daughter from a previous marriage. They lived together in a flat in Whampoa.Mr Ng had diabetes, high blood pressure and heart disease. He died in 2015 in Tan Tock Seng Hospital, months after Chinese news outlet Shin Min Daily News ran a report about his alleged sham marriage.
In the article, the reporter claimed that the wife refused to get a divorce.
According to court papers obtained by CNA, the late Mr Ng wrote in his last will and testament that he did not wish to give any of his property to his wife.
He wrote that he merely "(married)" her to "help her extend her stay as an accompanying person to her child who is studying in Singapore".
"We were unable to consummate our marriage," wrote Mr Ng.
Mdm He said she had a "high suspicion" that the defendants were hiding her late husband's original will.
Mr Ng had appointed Mr Tay Joo Huat, the nephew of his half-sister, to be executor and trustee of his will.
He left everything he owned to his half-sister, Madam Lim Gek Ing, including his Whampoa flat.
As executor, Mr Tay tried to evict Mdm He from the flat.
Lawyer Daniel Atticus Xu, who represented Mr Tay and Mdm Lim, argued that Mdm He was merely a tenant.
In her brief grounds of decision, District Judge Cassandra Cheong dismissed Mdm He's claim.
She found that Mr Ng had understood the contents of his will before voluntarily and validly executing it in the presence of two witnesses.
Judge Cheong said it was not the role of the court to make a finding on whether the marriage was a sham or one of convenience.
"It is undisputed from the evidence provided that the deceased did maintain relations with his immediate family members and was concerned in particular for his half-sister," said the judge.
"While the plaintiff may have regarded her marriage with the deceased to be a valid one, there were incidences that occurred in the course of the marriage which raises doubts as to whether the deceased himself regarded the marriage as a valid one."
Source: CNA/ll(rj)
