Another LPA storm brews over a rich person's assets

Another LPA storm brews over a rich person's assets
Madam Kay Swee Pin obtained an LPA to manage former SA Tours boss Ng Kong Yeam's affairs, but his son is challenging it.

Another wealthy elderly person said to be suffering from dementia. Another Lasting Power of Attorney (LPA). Another lawsuit.

But this time, the person in the eye of the storm is not a previously unknown tour guide, but someone who has made headlines before.

Madam Kay Swee Pin was in the news some years back for suing the Singapore Island Country Club (SICC) after it suspended her for lying that she was married to Mr Ng Kong Yeam, a former boss of SA Tours.

Now Madam Kay, 62, is caught up in a new legal tussle over allegations that she forged the signature of Mr Ng, 75, in 2011 to obtain a Lasting Power of Attorney (LPA) to manage his affairs. Mr Ng has dementia.

Mr Ng's son, Mr Gabriel Ng, said in court documents he had found transfers of his father's assets to Madam Kay - including the transfer to her of all his shares in Natwest Holdings, a 99 per cent shareholder of SA Tours - "highly suspicious".

"Natwest was estimated to be worth between $15 million and $20 million at the time of the transfer. It is surprising that all but one share would be sold to Madam Kay for a mere $1 million," Mr Gabriel Ng said.

The older Mr Ng, a former lawyer, is at the centre of a family feud over management of his personal welfare and financial assets - including SA Tours in Singapore and Malaysia - estimated to be worth up to $30 million. The dispute involves Mr Ng's legal wife, Datin Ling Towi Sing, their three children, including Gabriel Ng; and Madam Kay, managing director of SA Tours, and their daughter, Eva Mae, its marketing manager.

At issue is an LPA that Madam Kay obtained on Dec 28, 2011 by allegedly forging Mr Ng's signature to launch legal proceedings, on Mr Ng's behalf, against his legal wife and children, and others.

An LPA is a legal document allowing a person to appoint another to make key decisions should he lose mental capacity.

It has been in the news after a former tour guide from China was accused of manipulating an 87-year-old Singaporean widow into giving him control over her assets estimated to be worth $40 million.

In Mr Gabriel Ng's application to revoke the LPA, and for his family to be appointed deputies to manage his father's affairs, he argues his father did not execute the LPA personally.

He also argues statutory requirements were not met as his father did not personally attest to the statements in the LPA.

Mr Gabriel Ng claims there were two attempts by Madam Kay to execute the LPA. He says that, relying on a purported letter of authority, she allegedly forged Mr Ng's signature.

But Madam Kay, in court documents, denied the allegations of forgery, saying she had signed Mr Ng's name because he "was irritated with her for informing him that he had to sign the forms again", and because he had "given (her) authority to do so". But she said she was "unable to find" the original letter of authorisation.

gleong@sph.com.sg


This article was first published on Oct 9, 2014.
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