Suing OCBC to unfreeze GodMa's $8.8m account

[elephanto]

What do you think ?

Did OCBC overstep its authority to freeze 'mild dementia' old lady's account OR Is adopted daughter the devious greedy money grabber ?

Personally, reading her 18k monthly claim on behalf of her 'godma', paying herself & her hubby 'salaries' becos 'that's what her mother wants' & the account of her conduct in court.... I find it fishy.

Hope justice is done.

Sigh, so old so rich yet not of clear & sound mind is no blessing :(


http://www.todayonline.com/Singapore/EDC100129-0000118/Daughter-grilled-over-expenses

Daughter grilled over expenses

by Teo Xuanwei
05:55 AM Jan 29, 2010
<!--replace --> <script type="text/javascript"> var text = "SINGAPORE - She changed the will she had drawn up two months earlier and transferred the power of attorney she had granted to her nephew and niece for the past four years to her adopted daughter.

The 94-year-old also tried to transfer all her money to a joint account she held with the latter.

All this, Mdm Nellie Hwang Cheng Tsu Hsu did in the span of a month.

This chain of events in May 2008 involving her $8.9-million fortune would raise a \"strong suspicion to any person\" that she was acting under \"undue influence\", lawyers for OCBC bank told a High Court yesterday, as the retired Chinese teacher\'s suit against the bank for freezing her accounts continued.

The \"engine\" behind Mdm Hwang\'s actions, OCBC\'s lawyer Adrian Wong charged, was the person representing her in the court proceedings: Her only child, Mdm Amy Hsu Ann Mei, 44.

Mdm Hwang, who has mild dementia, did not have the mental capacity by then to make these decisions, said Mr Wong. During a psychiatric examination in March 2008, Mdm Hwang could not recall a hip replacement surgery she had undergone less than a month earlier, he noted.

Mdm Hsu said this did not prove that her mother was incapable of taking charge of her finances.

But asked why Mdm Hwang would draw up a will in March, only to change it in May and again in August, she did not have a ready answer.

\"The interval at which she keeps changing her will suggests that pressure was exerted on her,\" said Mr Wong. \"It seems to me that you wanted and were attempting to take control of your mother\'s affairs in May 2008.\"

To which, Mdm Hsu shot back: \"I did not. I repeat again that I do not influence my mother in all her decisions.\"

Mr Wong also quizzed Mdm Hsu on why her mother, in her application to the court to order the release of some $18,000 from her frozen account every month, was paying for so many of her expenses. These included Mdm Hsu\'s mobile phone charges, Tanglin Club membership, NUS Society membership, as well as salary for her and her husband.

The money was to be paid into a joint account they held.

\"It was her wish. She wanted to pay for my extra spending,\" said Mdm Hsu.

Mr Wong then asked why an elderly woman needed $1,000 for monthly restaurant outings; $1,000 for toiletries, clothing, beauty grooming and wellness, as well as $3,000 for entertainment and holidays.

To that Mdm Hsu retorted: \"I don\'t see anything wrong with that. Why deprive my mother? It\'s her money. That\'s my mother\'s wishes.\"

But this drew a sharp rebuttal from Justice Lai Siu Chiu: \"I\'m highly sceptical it\'s your mother\'s wishes. Why would a 94-year-old woman need $18,000 a month?\"

The judge also grilled Mdm Hsu on why her mother was giving her a salary: \"I thought you\'re doing it out of filial piety. You\'re not doing it out of love for your mother?\"

Mdm Hsu only replied: \"I am. I am. I am.\"

"; var pageHeight = 600; var fontIndex = 2; // var fontSize = new Array("0.63em", "0.69em", "0.75em", "0.88em", "1em", "1.13em"); var fontSize = new Array('0.63em', '0.69em', '0.75em', '0.88em', '1em', '1.13em'); </script> SINGAPORE - She changed the will she had drawn up two months earlier and transferred the power of attorney she had granted to her nephew and niece for the past four years to her adopted daughter.

The 94-year-old also tried to transfer all her money to a joint account she held with the latter.

All this, Mdm Nellie Hwang Cheng Tsu Hsu did in the span of a month.

This chain of events in May 2008 involving her $8.9-million fortune would raise a "strong suspicion to any person" that she was acting under "undue influence", lawyers for OCBC bank told a High Court yesterday, as the retired Chinese teacher's suit against the bank for freezing her accounts continued.

The "engine" behind Mdm Hwang's actions, OCBC's lawyer Adrian Wong charged, was the person representing her in the court proceedings: Her only child, Mdm Amy Hsu Ann Mei, 44.

Mdm Hwang, who has mild dementia, did not have the mental capacity by then to make these decisions, said Mr Wong. During a psychiatric examination in March 2008, Mdm Hwang could not recall a hip replacement surgery she had undergone less than a month earlier, he noted.

Mdm Hsu said this did not prove that her mother was incapable of taking charge of her finances.

But asked why Mdm Hwang would draw up a will in March, only to change it in May and again in August, she did not have a ready answer.

"The interval at which she keeps changing her will suggests that pressure was exerted on her," said Mr Wong. "It seems to me that you wanted and were attempting to take control of your mother's affairs in May 2008."

To which, Mdm Hsu shot back: "I did not. I repeat again that I do not influence my mother in all her decisions."

Mr Wong also quizzed Mdm Hsu on why her mother, in her application to the court to order the release of some $18,000 from her frozen account every month, was paying for so many of her expenses. These included Mdm Hsu's mobile phone charges, Tanglin Club membership, NUS Society membership, as well as salary for her and her husband.

The money was to be paid into a joint account they held.

"It was her wish. She wanted to pay for my extra spending," said Mdm Hsu.

Mr Wong then asked why an elderly woman needed $1,000 for monthly restaurant outings; $1,000 for toiletries, clothing, beauty grooming and wellness, as well as $3,000 for entertainment and holidays.

To that Mdm Hsu retorted: "I don't see anything wrong with that. Why deprive my mother? It's her money. That's my mother's wishes."

But this drew a sharp rebuttal from Justice Lai Siu Chiu: "I'm highly sceptical it's your mother's wishes. Why would a 94-year-old woman need $18,000 a month?"

The judge also grilled Mdm Hsu on why her mother was giving her a salary: "I thought you're doing it out of filial piety. You're not doing it out of love for your mother?"

Mdm Hsu only replied: "I am. I am. I am."

holidays.

To that Mdm Hsu retorted: "I don't see anything wrong with that. Why deprive my mother? It's her money. That's my mother's wishes."

But this drew a sharp rebuttal from Justice Lai Siu Chiu: "I'm highly sceptical it's your mother's wishes. Why would a 94-year-old woman need $18,000 a month?"

The judge also grilled Mdm Hsu on why her mother was giving her a salary: "I thought you're doing it out of filial piety. You're not doing it out of love for your mother?"

Mdm Hsu only replied: "I am. I am. I am."




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[ps07857]

Filial piety at a cost of $18k per month.... it is so obvious who is behind all these...

 

[popdod]

Money & greed is whatz all about.

:o :( :o

 

[elephanto]

Adopted daughter (plaintiff) still got the cheek to sue, knowing these facts once revealed sure bad publicity.

Actually, OCBC went the extra mile, if lose suit how? Could have just complied why bother since got black & white power of attorney, but they very prudent one & took the risk to freeze 8.8m out of good heart (ha ha)

Anyway, 94-yr old retired teacher with 'mild dementia/alzaehmer' - I am sure she is the most poor thing, win or lose....

 

[saratogas]

Anyone know of any more such rich Godma around? Intro pls. I'm willing to be her good godson for $$$! Promise to fight hard for her $$$ too.

 

[Ash007]

I personally think its the 94yo old Ah Ma's fault. Why would you keep 8million in the bank when you are approaching 94? Why not make arrangements/will before your reach 70 on how your money should be spend/kept etc? 8million is a lot of money to be kept in the bank, especially when you reach that age. With no foresight on these sort of things to come its really her fault for not doing the "proper" thing earlier. She is not getting any pity from me, she is just another sinkie that doesn't know what to do if the government doesn't tell you.

 

[Alamaking]

errr... i thought this old news liao?

 

[elephanto]

Bro Alamaking: Old news, but the court hearing the suit now...

Bro Ash007: I believe old woman late hubby left 2 condo or something like tat to her, only a few years back en-bloc then receive this windfall of 8.8m .... by then I think the adopted daughter already slowly influencing her, still I think she is easily manipulatable - maybe sheltered by hubby all these years...

 

[scroobal]

After some posts, you guys don't realise why this is a high profile case.

 

[scroobal]

After so many posts you guys still have no clue why this is a high profile case.

 

[Highfalutin]

After so many posts you guys still have no clue why this is a high profile case.

Michael Hwang SC? I don't think so. Because it is OCBC we are talking about?

 

[scroobal]

Yes, the President of the Law Society, former JC, and previously held power of attorney for his aunty with his wife. All Michael has to do is to notify the bank that the account holder may not have the capacity to conduct her affairs and the bank then has to exercise a duty of care and responsibility.

Most banks can't be bothered but they can't walk away from this one. There are rules that has to be followed.

Obviously the adopted daughter is out for the money.

Michael Hwang SC?

 

[Highfalutin]

Yes, the President of the Law Society, former JC, and previously held power of attorney for his aunty with his wife. All Michael has to do is to notify the bank that the account holder may not have the capacity to conduct her affairs and the bank then has to exercise a duty of care and responsibility.

Most banks can't be bothered but they can't walk away from this one. There are rules that has to be followed.

Obviously the adopted daughter is out for the money.

How many lawyers in town can act on behalf of the plaintiff? Especially one whose mental competence is in question? I heard something about conflict of interests as it's all likely the Big Banks are lawyers' clients.

 

[Ash007]

Sorry guys, thanks for the correction, I did not realised it was a windfall from the Husband before and the high profile nature of the case. But I still stand by my original opinion, the husband should have made arrangements instead. The old lady, should have known about the husbands assets etc, and there is a likely chance it would all fall to her as well.

 

[ChaoPappyPoodle]

Of course it is OK for less than $3,000 a month for food and holiday. Why do you think the pappes pay themselves over $300,000.00 a month!

What the lady wants is for her own good. She wants a good life. The banker and thread starter are PAPies who cannot believe that Sinkies can hold so much money.

FUCK the pappies.

 

[ChaoPappyPoodle]

Filial piety at a cost of $18k per month.... it is so obvious who is behind all these...

Ahso, I see, another victim of the 154th and PAPyism.

CB! What can an aged lady do with $8.8millioin? The fact that she is asking for $18,000 is actually quite trivial in the entire scheme of things.

Note that no one has asked about the aged lady's well being or what her favourite things in life are.

ALL ARE BASTARDS!

She has $8.8 million in her account and she is dying! WHAT the FUCK is $18,000 a month?

Even our CB Ministars earn 10-30 times of that!

 

[darthboy]

OCBC already knows they're going to court even if they release the 8mil. Might as well go to court right away. Saves time.

Taiji the decision making to the courts.

 

[elephanto]

Yes, the President of the Law Society, former JC, and previously held power of attorney for his aunty with his wife. All Michael has to do is to notify the bank that the account holder may not have the capacity to conduct her affairs and the bank then has to exercise a duty of care and responsibility.

Most banks can't be bothered but they can't walk away from this one. There are rules that has to be followed.

Obviously the adopted daughter is out for the money.

Oh, so SC Michael Hwang, Law Soc President is the 'nephew' that was mentioned that previously held power of attorney.

Although high profile case, but any hanky-panky involved, other than Hwang probably whispering in the right ear of his high society kakis ?

Still, I think poorly of Michael. At law society dinner, his speech veri pathethic, immediately chastised by Law Ministar Shanmugam.

How did Hwang manage to let schemer adopted daughter persuade his aunty to transfer power of attorney away from him ? Bodoh !

However the outcome of this suit, old woman is the sucker victim.

P.S.
ChaoPappyPoodle, talking cock, I know we all buay song PAP ministar salary, but this nothing to do wif them.

18K per mth, 3K for holiday etc sure no problem for dying woman, question is, izzit a phoney claim going all the way into adopted daughter pocket, u naively think she would give the dementia mum any of the purported goody lifestyle ? Shame on you for blindly sucking up to the $-face bitch :(

 

[scroobal]

No hanky panky, the bank cannot release funds or take further instructions from the accountholder when they realise that the person is unable to conduct his or her affairs in view of mental incapacitation. If the person has no next of kin, the government via the public trustee has to step in.

Banks that fail to do it will be sued by the estate when they go through the accounts and they will quietly pay. Many people are ignorant of banks' responsibility. All Banks have an area handling estates of deceased account holders and those that mentally incapacitated. Its a busy and active area. Banks cannot retain funds where deceased has no next of kin. It goes to MAS.

Its high profile because this case will not here. After the case with OCBC, Michael Hwang or interested parties will have to seek the court's help to manage the lady's affair by and after that, the new will will have to be challenged.

Although high profile case, but any hanky-panky involved, other than Hwang probably whispering in the right ear of his high society kakis ?

:(

 

[elephanto]

No hanky panky,
Its high profile because this case will not here. After the case with OCBC, Michael Hwang or interested parties will have to seek the court's help to manage the lady's affair by and after that, the new will will have to be challenged.[/quote

thks for clarifying, still - How did Hwang manage to let schemer adopted daughter persuade his aunt to transfer power of attorney away from him ? Bodoh !