Daughter fails to get 2 million awarded by mother when she was alive
The woman intended to gift the youngest daughter, who does not appear to have a good relationship with her siblings, another S$2 million to express her gratitude for her hardwork and sacrifice as her caregiver after her stroke. The woman confirmed her instructions in a video call with the law firm in August 2016 and prepared a letter instructing the lawyers and bankers involved to execute all necessary fund transfers “now”, which the woman signed in mid-September.
The law firm again advised that it would be prudent for the woman for undergo a mental capacity assessment before executing the deed of gift. However, before all could be done, the woman passed away.
The judges said that it was clear that the deceased wanted to make the gift, and did not want it to be challenged by her daughter’s siblings. But Justice Mavis Chionh found that the deceased had not done all that was within her power to procure the transfer of the money to her daughter.
The donor’s intention alone is not good enough. That intention must have been acted on by the donor, taking all the steps necessary within the donor’s power to effect the gift.
No Will = No Case
Even though there is the intention of gifting the 2 million to her daughter, the absence of a valid will and procedures in place makes this wish unfulfillable. Words, letters and any other forms of non-legal wishes can be contested against and be deemed invalid.
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