The man's will stated that 20 per cent of his estate was to be shared by his “surviving grandsons” born to his sons within 21 years of his death.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.
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. Thus, the condition was not met because Mr Julian Lim ceased to be in Mr Lim Peng On’s custody, care and control before Oct 21, 2013, said the judge.
In September 1992, the patriarch told his lawyer to draft a supplementary document to clarify that only grandsons in the custody, care and control of his sons can qualify. Mr Julian Lim, represented by Mr Terence Seah, argued that he fell within the category of male-line grandsons.
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