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https://mothership.sg/2024/06/audre...xDE7HXDjVCO5RiuGEGDDpCNw3-irB3zUoJZGOeu9PAgFX
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Audrey Fang, the 39-year-old Singaporean who was
allegedly murdered in Spain, had nominated only one beneficiary for her Central Provident Fund (CPF) accounts six months before she was allegedly murdered in Spain.
The beneficiary is 43-year-old
Mitchell Ong, who is the main suspect in Fang's alleged murder.
Audrey Fang, the 39-year-old Singaporean who was
allegedly murdered in Spain, had nominated only one beneficiary for her Central Provident Fund (CPF) accounts six months before she was allegedly murdered in Spain.
The beneficiary is 43-year-old
Mitchell Ong, who is the main suspect in Fang's alleged murder.
She had deposited nearly S$200,000 into her CPF accounts for investment-linked products and the nomination was done in person on Oct. 4, 2023, at a CPF service centre,
The Straits Times reported.
The information about the in-person nomination was provided by the deceased woman's 34-year-old brother, who received the information from the CPF Board.
Fang's brother, Benjamin Fang, said the family is "shocked" to hear about the nomination of Ong as the sole beneficiary and that they did not hear of him before
this incident.
The deceased woman's sibling added that the family will contest the nomination.
Ong sold Fang investment-linked policies
Ong is the insurance agent who sold Fang two investment-linked policies in 2015.
He is currently being held in
custody in Spain in connection with Fang's murder.
Fang and Ong attended the National University of Singapore at around the same time.
She studied architecture, and he studied economics.
AIA Singapore declined to reveal if Ong is a beneficiary of Fang’s insurance policies, citing client confidentiality, in response to
ST's queries.
The insurer gave its reassurances that it will assist the authorities.
Details of nomination previously reported
The CPF nomination was previously reported in June when a court in Spain heard that Ong could inherit Fang's CPF savings, which amounted to about
S$500,000.
Ong has remained silent during investigations.
Investigations into the case revealed
a note on Fang’s iPad, which was found in her hotel room with her other belongings.
It declared a decision to name a “long-time friend and trusted confidant” as the recipient of her CPF savings in the event of her death.
Apart from the CPF nomination, the note also granted the beneficiary a “friendly loan" of US$50,000 (S$68,000) "based on our friendship in the past”.
Fang's brother said he learnt that Ong had sold his sister the
insurance policies only when he found letters from AIA with her belongings.
Two investment-linked policies taken up in 2015 were sold by an agent named Ong Cheong Yi, which is Ong’s Chinese name.
Ong got married in 2012, has a daughter, lives in a Bukit Timah condominium and owned several businesses in Singapore, it was
previously reported.
Fang was travelling solo in Spain before she was found dead with at least 30 knife wounds on her.
Ong was arrested in Spain at the Eurostars Lucentum hotel in Alicante on Apr. 16 in connection with her murder.
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https://mothership.sg/2024/06/audre...xDE7HXDjVCO5RiuGEGDDpCNw3-irB3zUoJZGOeu9PAgFX
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https://inheritancespain.com/capacity/
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Legal Capacity to inherit
To have the legal capacity to inherit, the beneficiary must be alive or at least have been conceived.
As the legal body of a
Trust does not exist in Spain, there is no other possibility in Spanish law to designate a beneficiary who was not alive at the time of death other than by ordering a so called a
«Sustitución Fideicomisaria». This consists of designating an heir, who has the obligation to transfer the assets to a second beneficiary at the time ordered by the testator, or at the time of his or her own death.
There is a limit in the numbers of successive beneficiaries: two generations from the testator or without limits if all the succesive beneficiaries are alive at the time of death.
- Apart from the general Legal Capacity to inherit, there are some facts and actions that disqualify a person from inheriting from somebody.These are referred to, under Spanish law, as «causas de incapacidad». These fall into two categories:
I.- Certain relationships that link the testator with him or her.
II.-Unacceptable behaviour of the beneficiary towards the deceased, which are called «Causas de Indignidad»
From the first group:
The testator can’t dispose of his or her assets to the benefit of:
- The priest to whom you make your final confession (or their relatives up to the fourth grade, or his church or institute)
- His legal guardian if he is incapacitated but is still capable of making his own will
except if the legal guardian is a spouse, an ascendant, descendant, brother or sister of the testator
- The Notary who will authorise the last will (or his or her partner or their relatives up to the fourth grade)
From the second group, «Causas de Indignidad»:
a) Those who were excluded from the «patria potestad» over their children, or those who have the legal guardianship over a disabled person removed because of some failing, in both cases regarding the inheritance of the children or disabled person.
Also those relatives who, not having guardianship, did not fulfil their obligations regarding the disabled person, under the Law ( arts. 142 y 143 C.C.)
b) Those who had committed some crime against the deceased his spouse or unmarried partner, ascendants or children. ( murder, personal injures, habitual violence in the family ( physical or psychological), freedom, moral integrity, sexual liberty if the person had been convicted of them in a criminal court.
c) Those who were convicted for not complying with family duties regarding the inheritance of the victim.
d) Those who prevented the deceased from making a will, or destroying an existing will or failing to present a will they had kept in their custody, or forcing the testator to make a will or to revoke an existing one. In all cases using threats, fraud or violence.
There are two more curious cases:
e) An heir who, knowing of the murder of the testator failed to report it.
d) Someone who accused the testator of a serious crime, for which they were then convicted of false accusation.
Those » causas de incapacidad» imply that the person who would benefit from the inheritance instead of the above, must claim for the «Cause of Incapacidad» within five years from the date of death ( or the conviction).
.-The «causas de indignidad» affect the beneficiary regardless of the succession being testate or intestate.
.-If the victim makes a will knowing the above and names as a beneficiary someone who may be disqualified, the cause will be deemed excused
.-If the beneficiary affected by «indignidad» is a child of the deceased and he or she also had children, their children will keep their right to the reserved share.
Any Questions?
https://inheritancespain.com/capacity/
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